Who is eligible for LLP Registration in India?

Who is eligible for LLP Registration in India?

Updated on July 08, 2024 10:41:34 AM

Limited Liability Partnership (LLP) is a popular form of business structure that combines the advantages of both a partnership and a limited liability company. LLPs provide a flexible and transparent framework for professionals, entrepreneurs, and small to medium-sized businesses to operate and carry out their activities. Read this blog to know more about eligibility for LLP company incorporation.

LLP company registration involves the legal process of creating an LLP entity, which is governed by the provisions of the LLP Act, 2008 (in India) or similar legislation in other jurisdictions. The LLP Act sets out the rights, duties, and obligations of partners, the internal governance structure, and the procedures for registration, dissolution, and winding up of an LLP.

What is the eligibility criteria for LLP Registration

  • To become eligible to form an LLP company, the designated partners must be citizens of India or a corporate body established in India.
  • The Designated partners must be above 18 years of age.
  • The designated partners must be ready to enter into contracts and partnership agreements.
  • LLP can have at least two partners and a maximum of 200 partners.
  • LLP Partners must submit a valid proof of identity along with required documents.

Who are eligible for LLP Incorporation in India

  • Indian Citizens: Individuals who are permanent residents and citizens of India are eligible to form an LLP company in India.
  • Foreign Individuals and Companies: People from abroad are also eligible to become partners in LLP companies provided they comply with all the required documents and registration requirements.
  • Non-Resident Indians (NRIs): NRIs are also eligible to form an LLP or become a partner in an LLP company after adhering to all the rules and regulations required to form an LLP in India.
  • LLPs and Companies: LLPs and companies can also join as partners in any other LLP in India.
  • Designated Partners: Designated partners are individuals who are responsible for managing the day-to-day affairs of the LLP. At least one designated partner must be a citizen of India for the incorporation of an LLP.

Meaning and Importance of LLP registration in India

The process of LLP company registration typically involves several steps, including selecting a unique name for the LLP, obtaining Digital Signature Certificates (DSC) and Director Identification Numbers (DIN) for the partners, drafting the LLP agreement, and filing the necessary documents with the Registrar of Companies.

Once the LLP is registered, it becomes a separate legal entity, distinct from its partners. It can enter into contracts, own assets, and sue or be sued in its own name. LLPs have perpetual succession, meaning that changes in partners do not affect the existence or continuity of the LLP.

One of the key features of an LLP is the limited liability protection it offers to its partners. This means that the personal assets of the partners are protected, and they are not personally liable for the debts or liabilities of the LLP.

An LLP Company is particularly beneficial for professionals like lawyers, accountants, consultants, and other service providers who want to operate as a partnership but with limited liability.

Conclusion

At the end it must be highlighted that LLPs offer flexibility in terms of management and decision-making. They allow partners to have more autonomy and control over the operations of the business, unlike a traditional limited company where shareholders have a significant say.

LLPs also benefit from the flexibility of partnership taxation, allowing for the distribution of profits and losses directly to the partners without corporate taxation.

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Frequently Asked Questions (FAQs)

Who is eligible for LLP incorporation?

The eligibility for LLP incorporation is to be a resident of India, age must be 18 or above, must possess valid ID proofs, and at least two designated partners.

can a salaried person become a designated partner in an LLP?

Yes, in India there is a provision that a person can be a part of multiple companies and become a designated partner in an LLP.

What is the tax rate for LLP?

The tax rate for LLP is 30%. The tax rate is the same as any other type of company incorporation.

Does an LLP need to file a tax return?

Yes, an LLP company needs to file tax returns every year.

Who Cannot be a member of an LLP?

HUF(Hindu Undivided Family) cannot be a member of LLP in India.

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