Registration

Limited Liability Partnership (LLP)

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More About Limited Liability Partnership (LLP)

What is Limited Liability Partnership?

Limited Liability Partnership (LLP) was first introduced in the Limited Liability Partnership Act of 2008. The reason it was too helped owners by providing them with limited liability. LLP is one of the easiest form of business to incorporate and manage in India. With an easy incorporation process and simple compliance formalities, LLP is preferred among the Professionals, MSME Business Man and that are family owned or closely-held.

The main advantage of a Limited Liability Partnership over a traditional partnership firm is that in a LLP, one partner is not responsible or liable for another partner's misconduct or negligence. A LLP also provides limited liability protection for the owners from the debts of the LLP. Therefore, all partners in a LLP enjoy a form of limited liability protection for each individual's protection within the partnership, similar to that of the shareholders of a private limited company. However, unlike private limited company shareholder, the partners of a LLP have the right to manage the business directly.

Minimum requirement to incorporate LLP;

  • Minimum 2 Designated partners and partners
  • The Designated Partners and Partners can be same person
  • One of the Designated partners must be Indian resident
  • if a Body corporate is a partner, It has to nominate a natural person as its nominee
  • There is no concept of share capital, but there has to be some sort of contribution from each partners
  • DIN (Director Identification Number) for all Directors
  • DSC (Digital Signature Certificate) for all Directors / Shareholders
  • The registered office of an OPC does not have to be a commercial space. Even a rented home can be the registered office, so long as an NoC is obtained from the landlord.

FAQ on Limited Liability Partnership (LLP)

Applicable tax rate for the LLP?
The Rate of tax applicable to LLP is flat 30%. For income tax purpose, LLP is treated similar to partnership firms
Can a LLP registered under "Not-For-Profit" activities?
No, one of the essential requirements for setting LLP is 'carrying on a lawful business with a view to profit'. Therefore, LLP cannot be incorporated for undertaking "Not-For-Profit" activities.
Can an existing partnership firm or company be converted to LLP?
Yes, an existing partnership firm or a company that is unlisted can be converted into LLP. There are many advantages of converting a partnership firm into a LLP; however, the same doesn't apply for the conversion of a Company to a LLP.
Can salaried person become a partner in a Limited Liability Partnership?
Yes, there is no such legal constraint in the LLP Act if not restricted by the employment agreement. All you need to do is check your employment agreement because it may limit you from becoming a partner in an LLP during the employment.
Does my business required to have some level of turnover to incorporate LLP?
This is not true; a LLP company is one of the modes of doing business, which means it can be started from day one. For that matter even after incorporating a LLP there is no obligation that the company must have sales or turnover.
I am an NRI. Can I start an LLP business in India?
Yes, non-resident Indians and foreign nationals who are willing to enter into an LLP partnership can do so, provided they submit the necessary documents after getting it notarized by the concerned authorities. Although, at least one of the designated partners in an LLP should be an Indian national.
Is Foreign Direct Investment (FDI) allowed in LLP?
Yes, Foreign Direct Investment (FDI) is allowed in LLP under the automatic route in sectors allowed by the Foreign Investments Promotion Board (FIPB). However, Foreign Institutional Investors (Flls) and Foreign Venture Capital Investors (FVCIs) will not be permitted to invest in LLPs. LLPs will also not be permitted to avail External Commercial Borrowings (ECBs).
Is it cheaper to run an LLP than a private limited company?
Yes, it is much cheaper to run an LLP than a private limited company, particularly less compliances and Audit are applicable after sizable business turnover and/or Investment.
Is it mandatory to register the LLP Agreement with the ROC?
Yes. The execution and filing of the LLP Agreement are mandatory under the Act.
There is required to be physically present during this process?
No, whole process are online and document also filing on electronically so it does required to be present physically. You required to send us scanned copies of all the required documents & forms.
What are the annual compliance requirements for a LLP?
LLPs are required to file an annual filing (Annual Return and Annual Financial Statement) with the Registrar each year. However, if the LLP has a turnover of less than Rs.40 lakhs and/or has a capital contribution of less than Rs.25 lakhs, the financial statements do not have to be audited.
What is an LLP agreement?
An LLP agreement is one that is made between the partners and the LLP regarding the relationship between the individual partners in the LLP. An LLP agreement usually consists of management policies, inclusion of new partners, policy making strategies, and so on.
Who become a designated partners/partners in an LLP?
Any individual, or even a company or an LLP, can become a partner. However, only an individual can become a ‘designated partner’ in an LLP.

Required Documents for Limited Liability Partnership (LLP) registration

Minimum Requirements

Documents of Proposed Designated Partners/partners:
1. Pan Card - self Certified Copy
2. Aadhar card -self Certified Copy
3. I’d proof (Driving License, Voter ID, Passport) -self Certified Copy
4. Address proof (Lightbill, Mobile Bill, Bank statement - not older than 2 month) -self Certified Copy
5. Two photo (Passport Size)

Information of Proposed Designated Partners/partners Required:
1. Education Qualification 
2. Current Occupancy 
3. Birth Place with District, Taluka, State
4. No of year stay at present address (year and month)
5. Email I’d
6. Contact no.

Specific Requirements

For Registered Office of the LLP:

1. Electricity Bill / Telephone Bill / Mobile Bill (Not Older than 2 Months)

A utility bill, rent agreement or sale deed and an NOC from the landlord with his / her consent to use the office as a registered office of a company must be submitted as well.

Advantages of a Limited Liability Partnership (LLP)

Points to make your decision easy

Steps involved in Registration of an Indian Limited Liability Partnership (LLP)

STEPS & TIME DURATION
1

Day 1-2

  • Collection of Basic Documents and Information's
  • Application for Digital Signature Certificate (DSC)

2

Day 3-4

  • Search Proposed Company Name Availability.
  • Draft Required Documents for registration of LLP. 

3

Day 4-6

  • Application for Name Reservation
  • Filling a Forms for Registration of the LLP.

4

Day 7-8

  • Getting a Incorporation Certificate (Registration Certificate)
  • Filling a LLP Agreements