Limited Liability Partnership (LLP) is a popular business structure that comprises the traits of a private limited company and a partnership firm. LLP firms are subjected to minimal compliances, unlike private or public limited companies. However, partners in such a firm do not have to address unlimited liability. If you plan to register your entity as an LLP firm, you must get familiar with LLP incorporation documents and form. This write-up aims to deal with the same subject matter in detail.
Checklist of LLP incorporation documents
Documents of the proposed firm and partners have to be submitted for incorporating the LLP;
Documents of Partners
Identification proof of partners- All proposed partner must furnish their PAN at the time incorporating LPP. PAN card serves as a fundamental independent proof.
Address Proof of Partners – Partners can furnish one of the following documents;
- Passport
- Voted ID
- Aadhar Card
- Driver’s license
There should be no variance in name or other key details while comparing address proof and PAN c rd. Any inconsistency in details should be fixed before presenting to authority.
Residence Proof of Partners – Latest bank statement, telephone bill, electricity bill, and phone bill shall serve as residence proof. Such bill or statement should be the latest ones, i.e. not older than two months. Also, such a bill should reflect the partner’s name as cited in PAN Card.
Photograph – Partners should facilitate passport size photographs (in the white background).
Passport (in case of overseas Nationals/ NRIs) – to partner with an Indian-based LLP, NRIs and overseas nationals have to furnish their passports compulsory. A passport has to be validated and attested by the concerned authorities in the nation of such individual or NRI; else Indian embassy in that nation can also validate and sign the documents.
Foreign Nationals or NRIs have to furnish an address proof such as DL, bank statement, residence card or any other valid proof reflecting the address.
If the documentation is available in a language other than English, attest to the notarized translation copy of the translation copy.
Documents of LLP
- Proof pertaining to the registered office address
- Proof of registered office must be furnished during the incorporation process or within thirty days of its incorporation.
- If the registration is situated on the rented premises, a rent agreement or NOC from the landowner must be submitted.
- Besides, the address proof like phone, gas, or electricity bill must be submitted ed. the said documents should be the latest ones.
- One of the proposed partners needs to secure a DSC, i.e. a digital signature certificate for signing the key documents during the incorporation process.
- This is all about the LLP incorporation documents. The subsequent section shall talk about the Fillip form, which is used for the incorporation purpose.
What is a FiLLiP form?
FiLLiP refers to an e-form that renders services like;
- Incorporation of new LLP
- name reservation
- allotment of DIN/DPIN
The applicants are required to attest to this form with the documents mentioned below. Upon successfully validating the said credential, the authority confirms the grant of incorporation certificate and allots the LLPIN, i.e. Limited Liability Partnership Identification Num. A maximum of two partners are permitted to use the said form for DIN/DPIN allotment during LLP incorporation.
Key fields of the Fillip form
The given section reflects the key fields of the Fillip form that are required to be filed by the applicant.
- Registered office’s address
- Company Incorporation Number
- Business activities
- Nominees of Bodies Corporate
- Total numbers of partners
- Number of partners having DIN/DPIN
- Nominees of Bodies Corporate without DIN/DPIN
- Number of partners not having DIN/DPIN
- No. of partners acting as a bodies corporate’s nominee lacking DIN/DPIN
- trademark registration’s status (whether active or pending), if available.
- Details of the company’s name
- The contribution of the partners in LLP
Mandatory attachments that go along with e-form Fillip
- Copy of resolution reflecting
- members’ permission to appoint body corporate as a partner
- registered office proof
- Subscribers’ sheet, including consent
- In principle, consent is granted by the concerned authority for name approval.
- Detail of the company in which the proposed partner is serving the directorship post.
- Trademark owner’s consent or application for trademark right for the proposed company name
- Copy of government approval authorizing a proposed company to use the name that is seemingly conflict.
- Copy of approval conferred by the authority concerned in case the proposed name indicates any linkage with a foreign nation or place.
- Address and identity proof
- Address & identification proof of the applicant looking for the DPIN/DIN via FiLLiP form
- Business owner’s NOC for using the similar company name
Checklist for LLP Registration
- Presence of at least two partners
- DPIN for all the proposed partners
- LLP agreement* between the partners
- Digital Signature Certificate, i.e. DSC of all the proposed partners
- Availability of non-conflictory company name
- The capital contribution made by the partners
- Proof of company’s registered office
What is an LLP agreement?
LLP Agreement* is nothing but a contractual agreement drawn between the proposed firm’s partners. It entails the norms and rights of such partners towards the firm and each other. According to the LLP Act, 2008[1], it is compulsory to file such an agreement with the MCA, i.e. Ministry of Corporate Affairs, within thirty days of the company’s incorporation date.
It constitutes a transparent legal structure for the company by governing every critical aspect such as decision-making, modification in roles, the inclusion of new partners, etc. LLP agreement drafting is a delicate subject matter, and therefore it must prepare under the professional’s guidance.
Conclusion
We hope that the LLP Incorporation Documents checklist mentioned above has provided adequate clarity. If you are looking to explore more details on the same, do not hesitate to prompt us.
Read our Article:Fillip form for LLP: Key Particulars and Enclosures
