FiLLiP is an e-form that facilitates services like name reservation, incorporation of new LLP, and allotment of DIN/DPIN. This eForm goes along with supporting documents as mentioned below. Once the eForm is validated, an LLP is incorporated, and LLPIN ( Limited Liability Partnership Identification Number) is allocated. Also, DPINs/DINs get granted to the designated partners/ body corporate’s nominee lacking valid DIN/DPIN. Maximum two proposed partners are entitled to utilize the Fillip form to allot DIN/DPIN while LLP Registration. The following sections of this write-up shall discuss the mandatory particulars and enclosure of the Fillip form.
The concept of LLP makes its way in India in the year 2008 and since then it has become quite popular among business fraternity. An LLP has the traits of both company and a partnership firm. The LLP Act, 2008[1] governs the Limited Liability companies in India. As per the said Act, the availability of at least two partners is mandatory to form an LLP in India. However, at present, the Act imposes no limit on how many partners can be part of such a company.
Among the partners, there must be at least two designated partners shall be individuals, & one of them should be an Indian national. The obligations of partners are regulated as per the provisions of the LLP agreement. They are also accountable for adhering to all the provisions cited under the LLP Act, 2008 & terms included in the LLP agreement
Mandatory fields to be filled by the applicant in the e-form Fillip
- Company Incorporation Number
- Registered office’s address
- Business activities
- Total numbers of partners
- Nominees of Bodies Corporate
- Number of partners having DIN/DPIN
- Number of partners not having DIN/DPIN
- Nominees of Bodies Corporate not having DIN/DPIN
- Number of partners acting as a nominee of bodies corporate lacking DIN/DPIN
- Details of the proposed company’s name
- Status of trademark registration (whether active or pending), if available.
- The contribution made by the partners in LLP
Attachments to be uploaded in the e-form Fillip
- Copy of resolution showing member’s consent to appoint body corporate as a partner in the proposed LLP.
- Address proof of registered office of the proposed LLP
- Subscribers’ sheet including consent
- In principle, approval granted by the regulatory authority (mandatory in case proposed company name entails terms that seek the consent of regulatory authorities)
- Particulars of the company in which partner is serving the post of director
- Approval of the trademark owner or applicant of such application for trademark registration (in case the company name is based on the registered trademark or the application for the same is pending under prevailing bylaw)
- Copy of approval in case the company name includes any prohibited terms which seek consent from central government
- Copy of approval granted by the concerned authority in case the proposed name reflects a collaboration or association with a foreign nation or place
- Address and identification proof of the applicant seeking DPIN/DIN via FiLLiP form
- NOC for the business owner for using the similar company name
Glance over the Checklist for LLP Registration
- Availability of at least two partners
- Digital Signature Certificate of all the proposed partners
- DPIN for all the proposed partners
- The proposed company name should be non-conflictory in nature.
- The capital contribution made by the proposed partners
- LLP agreement* between the proposed partners
- Proof of registered office of the company
LLP Agreement* refers to the contractual agreement drawn between the proposed partners. It underpins the rights and obligations of the proposed partners towards the company and each other. As per the LLP Act, 2008, it is a legal compulsion to file an LLP agreement with the Ministry of Corporate Affairs within 30 days of the company’s incorporation date.
It provides an adequate and definitive briefing on concepts relating to decision-making, the addition of new partners, and modification in roles. Thus, a well-drafted LLP agreement sets the groundwork and provides much-need resiliency to the firm. It is advisable to prepare such an agreement under the supervision of subject matter experts to avert future complications.
Conclusion
The advent of the Fillip form has simplified the incorporation legalities to great deals. Now, applicants do not have to deal with massive paperwork or other formalities for incorporating LLP in India. The authority has subsumed all the facilities under this form to make the incorporation process seamless and transparent.
Read our Article:LLP (Amendment) Bill, 2021: Everything You Need to Know
