LIMITED LIABILITY PARTNERSHIP ACT 2008
- However, provisions of Indian Partnership Act will not apply to LLP [Section 4 of LLP Act, 2008].
- Any individual (who is of sound mind and is solvent) and anybody corporate can be partner of LLP.
- There should be minimum two partners.
- Personal liability if number falls below two for more then 6 months. No upper limit on number of partners [Sectio5&6]
- LLP must have two 'designated partners' who must be individuals. If a body corporate is partner of LLP, it can nominate a person as 'designated partner'. He has to give consent to act as designated partner. One resident partner atleast- i.e.182 days resident in India in preceding year [section7(1)]
- He has to obtain DPIN [Designated Partner Identification Number] from Central Government [Section 7 of LLP Act, 2008] + Digital Signature certificate. [FORM7]+Rs100(CREDIT CARD ONLINE)
- The designated partner is liable for all compliances as required under the Act and is liable to penalty for contravention of those provisions [Section 8 of LLP Act, 2008].
- Address- (1) individual-residence
(2) corporate- regd office [section 2]
- Agreement- LLP agreement written between the partners of LLP (Rights and duties)[FORM3]
- Partners consent to be filed with ROC within 30days of appointment in [FORM9]prescribed.[section7(4) & 7(5)]
- Vacancy to be filled within 30days [section9]
- Penalty:
For section 7(1) default- Rs10000 to Rs5lacs
For section7 (4), 7(5) and 8 default- Rs10000 to Rs1lac
- Compliance certificate of incorporation- from PCS/PCA/PcA
- Incorporation documents-
- Prescribed [FORM2]
- Name of the LLP
- Proposed business to be stated
- Address of the regd office of LLP
- Name and address of partners and designated partners
- Penalty for false information- 2years imprisonment and fine (Rs10000 to Rs5lacs)
- Within 14days incorporate certificate by registrar.[FORM16]
- Change of place-[FORM15] notice [section13]
- “LLP” acronym in the name to be used [section15(1)]
- Application for name-[FORM1] and fees Rs200 (6names reserved for 3months)
- Change by CG within 3 months of directions by CG and can be by direction[FORM23] +feesRs10000.
- Change of name=[FORM5]notice to ROC [section19]
- Change in name and address of partner-[FORM6],[FORM10] within 15days to LLP
- LLP to inform ROC-within 30days in [FORM4] and fees
- Contribution by partners-as per agreement
- Tangible, movable or immovable property
- Money, promissory notes
- Contracts for services
- Disclose monetary value
- Statement of Account and Solvency to be prepared within 6 months from the end of F.Y. signed by DESIGNATED PARTNERS.
- File the statement with ROC every year in [FORM8] and fees.
- File annual return in [FORM11] within 60days of closure of F.Y. in form and fees.
- For registration
Fees Rs500 contribution <=Rs1 lac
Rs2000>Rs1 lac but <=Rs5lacs
Rs4000 >Rs5 lac but <=Rs10lacs
Rs5000 >Rs10lacs
- For filing of documents/statements
Fees Rs50 contribution <=Rs1 lac
Rs100>Rs1 lac but <=Rs5lacs
Rs150 >Rs5 lacs but <=Rs10lacs
Rs200 >Rs10 lacs