An LLP is a corporate body with its own legal identity which is separate from its owners. There are at least two partners. The partners of an LLP have limited liabilities in the business. The existence and functioning of the business is not affected by the death or insolvency of any partner. https://www.ahlawatassociates.com/setting-business-india/
How To Incorporate A New Llp In India
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1. Digital Signature Certificate
● The first step in the process is to obtain the Digital Signature Certificate. As
the registration process is online, a digital signature is must and has to be
affixed on all electronically submitted documents. It’s an electronic identity
proof that authenticates the electronically submitted documents.
● The DSC can be obtained from different certifying authorities, which in turn
are appointed by the controller of certifying authorities.
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2. Director Identification Number (DIN) or Designated
Partner Identification Number (DPIN)
● The next step in the process is to obtain the DIN/DPIN for the designated
partners of the LLP. This is a unique number that is necessary for filing e-
forms. Maximum two partners can apply for DIN at a time.
● If there are more than two partners, the DIN for the rest can be obtained
later. A proof of identity, address proof, and a subscriber’s sheet has to be
submitted along with the application.
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3. Reserving the LLP Name
● When you have decided on setting up LLP in India, you must ensure that
the name you choose for your company is unique and distinct from names
used by other organization.
● Once you decide on the name of the LLP, you have to file an application for
reserving the same via the RUNLLP (Run Unique Name-Limited Liability
Partnership) web service. You can submit two names in order of
preference.
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4. Incorporation
● After reserving the LLP name you then have to file for incorporation of the
LLP. If for some reason you have not reserved the LLP name you can do
so along with incorporation application which is to be made via the FILLIP
or the Form for Incorporation of Limited Liability Partnership.
● All necessary details documents including the details of the designated
partners have to be submitted along with application. Upon processing, if
the application is found to be complete in all respect, DIN/DPIN of the
partners is generated and LLPIN issued.
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5. The Limited Liability Partnership Agreement
● The final step in the process of setting up LLP in India is the drafting and
filing of the Limited Liability partnership Agreement. It is an agreement
made between the partners of the LLP that describes the functions and
rights of the partners, business objectives, and the profit sharing ratio.
● The agreement is mandatory for completing the incorporation process and
has to be executed within 30 days of incorporation by paying the applicable
stamp duty which is calculated on the basis capital contribution by the
partners.
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