What are the Forms Required for LLP Incorporation in India?

What are the Forms Required for LLP Incorporation in India?

Updated on July 08, 2024 10:41:05 AM

Business owners and professionals starting a Limited Liability Partnership (LLP) and navigating through the registration process, understanding the various forms involved is crucial. LLP registration involves submitting specific forms with the Ministry of Corporate Affairs (MCA) to ensure compliance and legal recognition.

To incorporate a Limited Liability Partnership (LLP) in India, several forms are required to be filed with the Ministry of Corporate Affairs (MCA). These forms contain the necessary information and details about the LLP and its partners.

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What is an LLP Forms?

LLP forms are a number of different forms that are required to be filed with MCA for the purpose of Incorporating LLP Company Online. There are multiple forms that need to be submitted for the purpose of incorporating an LLP company in India.

The Process of LLP incorporation is online and requires the help from a Business consultant or a professional to file necessary forms as the directions of MCA.

Important LLP Forms for LLP Incorporation

LLP Form Name Purpose of Filing
FiLLiP Form for LLP Incorporation
Form 1 Application for reservation of name
Form 2 Incorporation document and subscriber's statement
Form 3 LLP Agreement Form
Form 4 Notice of appointment, cessation, or change in designated partners
Form 5 Notice for Change of Name
Form 9 Consent by Designated Partners
Form 8 Statement of Account & Solvency
Form 11 Annual Return of LLP
Form 12 Form for intimating other address for service of documents
Form 17 Application and Statement for Conversion of a Firm into LLP
Form 18 Application and Statement for Conversion of a Private Company/Unlisted Public Company into LLP
Form 22 Notice of Intimation of Order of Court/Tribunal/CLB/Central Government to the Registrar
Form 24 Application for striking off the name of the LLP

Detailed Description of all the Forms required for LLP Registration

Form 1: Application for reservation of name

This form is used to apply for the reservation of the desired name for the LLP. It should be filled with at least six proposed names in order of preference. The form also requires details such as the main business activity, address, and partners' information.

Form 2: Incorporation document and subscriber's statement

Form 2 contains the incorporation details of the LLP, including the registered office address, details of partners, and their consent to become partners of the LLP. It also includes a subscriber's statement that states the number of partners and their contribution to the LLP.

Form 3: Information with regard to LLP agreement

This form contains the LLP agreement, which outlines the mutual rights and duties of the partners and the rules governing the LLP. It includes details such as the name and address of the LLP, partners' information, capital contribution, profit-sharing ratio, and other important provisions.

Form 4: Notice of appointment, cessation, or change in designated partners

This form is used to notify the appointment, cessation, or any changes in the designated partners of the LLP. It should be filed within 30 days of the change taking place.

Form 9: Application for the conversion of a firm into LLP

If the LLP is being converted from an existing partnership firm, Form 9 is required to be filed. It contains details of the existing partnership firm, partners' information, assets and liabilities, and consent of all partners for conversion.

Form 8: Statement of Account & Solvency

Form 8 is an annual filing requirement for LLPs. It must be filed within 30 days from the end of the financial year. This form contains the statement of accounts and solvency, providing details of the LLP's assets, liabilities, capital contributions, and the declaration of solvency by the partners.

Form 11: Annual Return of LLP

Form 11 is also an annual filing requirement and should be filed within 60 days from the closure of the financial year. This form contains information about the LLP's partners, capital structure, changes in partners, and details of the designated partners. It also includes information on the total obligation of the contribution and the obligation fulfilled.

Form 17: Application and Statement for Conversion of a Firm into LLP

Form 17 is used when converting a partnership firm into an LLP. It includes details about the partnership firm, such as its name, address, partners' information, assets, and liabilities. This form should be filed along with Form 2 and Form 3 during the conversion process.

Form 18: Application and Statement for Conversion of a Private Company/Unlisted Public Company into LLP

Form 18 is used for converting a private company or an unlisted public company into an LLP. It requires details about the company, such as its name, address, shareholders' information, assets, and liabilities. This form should be filed along with Form 2 and Form 3 during the conversion process.

Form 24: Application for striking off the name of the LLP

Form 24 is used when an LLP wishes to apply for the striking off of its name from the LLP register. This form requires details about the LLP, including reasons for seeking strike-off, confirmation from partners, and consent for striking off. It should be filed with the appropriate fee and supporting documents.

Form 5: Notice for Change of Name

Form 5 is used when an LLP wants to change its name after incorporation. It requires details such as the LLP's current name, proposed new name, reasons for the name change, and approval from partners. This form should be filed along with the prescribed fee and supporting documents.

Form 22: Notice of Intimation of Order of Court/ Tribunal/CLB/ Central Government to the Registrar

Form 22 is used to inform the Registrar of Companies about any court orders or decisions related to the LLP. It includes details such as the LLP's name, case number, court/tribunal's name, and a brief description of the order. This form should be filed within 30 days of receiving the court order or decision.

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Conclusion

In conclusion, understanding the various LLP registration forms is essential for successfully establishing a Limited Liability Partnership in India. Each form serves a specific purpose and captures important information about the LLP, its partners, and compliance obligations.

It is important to file all the necessary forms for LLP registration while applying for the LLP company Incorporation online.

FAQs on LLP Forms

Can I reserve multiple names for my LLP using Form 1?

No, you can provide up to six proposed names in order of preference in Form 1. The Registrar will check for name availability and approve one name from the list.

Is it necessary to have a written LLP agreement for registration?

Yes, it is mandatory to have a written LLP agreement. Form 3 captures the essential details of the LLP agreement, including the rights and duties of partners, capital contributions, and profit-sharing ratios.

Can a foreign national be a partner in an LLP?

Yes, foreign nationals are allowed to be partners in an LLP, subject to compliance with applicable foreign investment regulations and visa requirements.

What are the annual filing requirements for an LLP?

LLPs are required to file Form 8 (Statement of Account & Solvency) and Form 11 (Annual Return) with the Registrar of Companies every year.

Can an LLP be converted back into a partnership firm?

No, once an LLP is registered, it cannot be converted back into a partnership firm. LLPs have their own distinct legal identity.

Is it necessary to hire a professional for LLP registration?

While it is not mandatory, engaging a professional such as a chartered accountant or company secretary can ensure accurate and smooth LLP registration, minimizing the risk of errors and non-compliance.

What is the time frame for filing Form 9 for converting a partnership firm into an LLP?

Form 9 should be filed within 30 days of applying for conversion and should include details about the existing partnership firm, partners, assets, liabilities, and consent of partners.

Can an LLP convert into a private or public company?

Yes, subject to compliance with the Companies Act, an LLP can be converted into a private or public company by following the prescribed conversion procedures.

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