INCORPORATION OF Limited Liability Partnership
Moving from the LLP Rules, 2009 to the LLP (Second Amendment) Rules, 2018 is like shifting from your old house to a new one. All the provisions in relation to Incorporation of LLP become changed with Amendment Rules, 2018.
Process of Incorporation:
STEP – I: Apply for Name Approval:
A. Login on MCA Website Applicant has to login into their account on MCA Website. (Pre-existing users can use earlier account or new users have to create a new account.) After Login use has to click on the icon ‘RUN’ in MCA Service. An online form shall be open. Applicants have to fill the information online. (This form can’t be download) Note* since 02nd October 2018 e-form LLP-1 has been omitted from the LLP Act, 2008.
B. Details required to be mentioned in the online form:
- Entity type LLP
- LLPIN (LLPIN and it has to be entered only when an existing company wishes to change its name and is using RUN to reserve a new name)
- Proposed name (Auto Check Facility)
- Comment (Mention Objects of the proposed LLP and any other relevant information Like Trade Mark etc.)
- Choose File (Any attachment)
C. Choose File: This option is available to upload the PDF documents. If applicant wants to attach any file, can be upload at this option.
D. Submission of Form on MCA Website: After completion of the above steps user shall submit the Form with MCA website.
E. Payment of Fees: There is no option of pay later challan in RUN. Applicant has to pay fees immediately after submission of form. After payment challan shall be generated.
F. Validity of Reserved Name: Reserved name shall be valid for 20 days from the date of approval of Name.
QUICK QUESTION – LLP RUN
i. Whether DIN or DSC required for filing of Run form?
DSC & DIN not required for filing of RUN form for reservation of Name. Only account of MCA portal is mandatory.
ii. How many resubmission options are allowed in RUN?
Only one Resubmission of application is allowed in case of reservation of Name.
iii. What shall be the validity of the Name after approval?
Reserved name shall be valid for 20 days in case of allotment of name for New LLP.
iv. How many names can be apply through this form?
Two Name can be mentioned in RUN form.
v. What shall be the government fees for RUN?
As per Register office Fees Rules, Fees shall be Rs. 1,000/-
vi. Is it mandatory to attach documents while reserving name?
No. It is mandatory to attach relevant documents and No Objection Certificates(NOCs) only when a name which requires the approval of a Sectoral Regulator or NoC etc. Please note that only one file is allowed to be uploaded as an attachment and the size of the file should not exceed 6MB. In case of multiple attachments, please scan all documents into a single file not exceeding 6MB in size, and then upload the same.
vii. Whether there is any requirement to mention details of Designated Partner in the RUN?
No, there is no need to mention the name or number of proposed Designated Partner in RUN. NOTE: * Approval of Name through ‘RUN’ is an optional way. LLP can also Directly apply for the Name in FiLLip form.
STEP – II: Preparation of Documents for Incorporation of LLP:
After approval of name or for Incorporation of LLP applicant have to prepare the following below mentioned Documents;
- Proof of Office address (Conveyance/ Lease deed/ Rent Agreement etc. along with rent receipts);
- NOC from the owner of the property.
- Copy of the utility bills (not older than two months)
- Subscriber Sheet including Consent.
- In case of Designated Partner does not have a DIN, it is mandatory to attach: Proof of identity and residential address of the subscribers
- All the Designated Partners should have Digital Signature.
- Detail of LLP(s) and/ or company(s) in which partner/designated partner is a director/ partner
- Copy of approval in case the proposed name contains any word(s) or expression(s) which requires approval from central government;