Limited Liability Partnership (LLP) is a popular business structure that provides limited liability protection to its partners. LLP is governed by the Limited Liability Partnership Act, 2008, and is a separate legal entity from its partners. In this article, we will discuss the documents required for obtaining an LLP registration certificate.
Digital Signature Certificate (DSC)
The first and foremost document required for LLP registration is a Digital Signature Certificate (DSC) for all designated partners. A DSC is an electronic form of signature that is used to sign digital documents. It is issued by a licensed Certifying Authority (CA) and is valid for one or two years. The DSC is required for filing the LLP registration application and other documents with the Registrar of Companies (ROC).
Director Identification Number (DIN)
The next document required is a Director Identification Number (DIN) for all designated partners. A DIN is a unique identification number that is issued by the Ministry of Corporate Affairs (MCA) and is required for all individuals who wish to become directors of a company or an LLP. The DIN can be obtained by submitting an online application on the MCA portal.
Proof of Address
Proof of address is required for the registered office of the LLP. The proof of address can be in the form of a utility bill, rent agreement, property tax receipt, or any other document that proves the registered office’s ownership or tenancy. The document should be in the name of the LLP or any of its partners and should be recent (not more than two months old).
Proof of Identity
Proof of identity is required for all designated partners of the LLP. The proof of identity can be in the form of a PAN card, passport, voter ID, or driving license. The document should be in the name of the designated partner and should be valid.
The LLP agreement is a legal document that outlines the terms and conditions of the LLP, such as the rights and duties of partners, profit sharing ratio, capital contribution, etc. The agreement should be drafted by a professional or a legal expert to ensure that it complies with the LLP Act, 2008. The agreement should be printed on a stamp paper and should be signed by all designated partners.
Name Reservation Application
The LLP name should be unique and not similar to any existing company or LLP name. The name should also comply with the naming guidelines of the MCA. Once the name is finalized, an application for name reservation should be made to the MCA. The application should include the preferred name of the LLP and the proposed business activity.
The incorporation documents include Form 2, Form 3, and Form 4. Form 2 includes details of the LLP name, registered office address, partners’ details, and capital contribution. Form 3 is the consent of designated partners, and Form 4 is a statement of the LLP’s assets and liabilities. The incorporation documents should be filed with the ROC along with the LLP agreement, proof of address, and proof of identity.
In conclusion, obtaining an LLP registration certificate involves obtaining a Digital Signature Certificate, Director Identification Number, proof of address, proof of identity, LLP agreement, name reservation application, and incorporation documents. The documents should be submitted in the prescribed format and should comply with the LLP Act, 2008. It is important to ensure that the LLP name is unique and complies with the naming guidelines of the MCA. Entrepreneurs should consult with a legal or financial expert to ensure that they follow the correct procedures and comply with all legal requirements. Obtaining an LLP registration certificate is a crucial step in starting an LLP and provides the LLP with legal entity status, limited liability protection, and the ability to