LLP Registration in Delhi

Limited Liability Partnership is set up to reduce the liability for partners in the company. Enjoy the advantages of partnerships with much lower liability and compliance.
Editorial Team
Published On December 26, 2021 | Last Updated On September 1, 2022

Limited Liability Partnerships, or LLPs, have become increasingly popular in recent years. Many business owners, accountants, and law firms are seen to prefer Limited Liability Partnerships as their convenient choices. But what is a Limited Liability Partnership? Let’s look into the details now.

What is a Limited Liability Partnership(LLP)?

Limited Liability Partnership (LLP) is a balanced structure, carrying the benefits of a conventional partnership and still limiting partners' liability. LLP is an alternative to traditional general partnerships, which comes with all the risks of unlimited liability. By forming an LLP, partners can relish limited liability as well as some of the benefits of partnerships at the same time.

The Limited Liability Partnership Act, 2008, regulates the agreement as a contract between the partners. Limited Liability Partnerships are often formed by two or more individuals who are willing to share ownership and responsibility for the company's operations. Partnerships are bound by this agreement, as well as any other legal agreements that they enter into in their business transactions.

It combines the benefits and risks associated with traditional corporations and limited liability companies (LLCs). In a short period, the concept of LLP has become a popular choice, especially for startups.

Apart from the immense flexibility and lesser liability in LLPs in contradiction to traditional companies, there are some other factual distinctions such as:

  • Limited liability companies are formed under the provisions of the LLP Act of 2008. Companies, on the other hand, are covered by the Companies Act of 2013
  • LLPs are a type of company that receives taxes differently. The owners all share in the profits but do not pay a business tax. On the other hand, dividends are taxed at a rate of 20.36 percent for corporations
  • There is no limit to the maximum number of partnerships in an LLP. As LLPs can have an unlimited number of partners, so every time a new partner joins an LLP he brings his existing business with him. However, a company can have a minimum of two shareholders and a maximum of 200

What Are the Unique Aspects of an LLP?

If you are considering forming an LLP, the following is a quick rundown of their major aspects:

  1. The Limited Liability Partnership (LLP) is a hybrid structure of partnership law. It is a mixture of the conventional partnership and the limited liability company.
  2. It is a legal entity that is separate from its partners. LLPs are perpetually inherited. In other words, the LLPs will continue irrespective of the variations in partners and can even take new contracts and possess the property in their names.
  3. At least 2 partners are mandatorily required to form an LLP. There isn’t any bar to the maximum number of partnerships that can be involved in the establishment of an LLP.
  4. Capital Contribution Requirements do not apply.
  5. No partner in an LLP is responsible for the wrongful actions or misdemeanor caused by any other partners. This safeguards the individual members of the LLPs from the joint liability created by the misconduct of the other business partners.
  6. The rights, duties, and profit percentages between the partners of an LLP are governed by the agreement they have mutually acknowledged. This agreement is done between the partners or between the partners and the LLP as a separate legal entity.
  7. The LLP has its own separate legal identity from its partners. It is fully liable for its assets. However, the liability of the partners within an LLP depends primarily on their contributions to the business.
  8. The LLP Act doesn't limit the benefits of the Partnership structure to only certain kinds of individuals, but can also be used by any corporation.

However, LLP Registration in Delhi needs proper guidance. If you want to register your startup as an LLP in Delhi and you are wondering how to do the same, get in touch with our experts. We have years of experience assisting and implementing successful startup registrations across India, and we will make the process seamless for you.

Any form of LLP Registration in India can be done efficiently by partnering with us. We also ensure that the LLP registration fees in Delhi are affordable for your startup and you don’t end up evacuating your coffers in the process.

What Are the Benefits of Registering Your Startup as an LLP in Delhi?

Cost-Effective Solution

The cost included in the formation of an LLP is much lower when compared to the establishment and maintenance charges of public or private companies. Moreover, it demands lesser compliance. Only 2 annual statements need to be filed namely, an Annual Return and a Statement of Accounts and Solvency.

Limited Liability of the Partners

The LLP's partners are only accountable to a certain extent. Their responsibility is restricted to the amount of money they put in. They aren’t liable for any losses in the business. Moreover, they can’t even be held responsible for any wrongdoing by other partners.

LLP, a Separate Legal Entity

The LLP has its own separate legal identity from its partners, so it can sue and be sued separately from them. As these partnerships join forces, they are also bound by any other legal agreements that further their business goals. Nevertheless, LLP partners are not liable to be sued for dues by the LLP.

No Capital Contribution Requirements

LLP registration in Delhi is affordable. The LLPs can even be formed without any minimum capital. They can be formed simply by the monetary contributions made by the partners of the LLPS.

Process Of LLP Registration in Delhi

Step 1: Application for DIN (Director Identification Number)

The LLP registration in India has certain provisions which oblige the applicant to have at least two partners. Both partners should be Indian residents. As mentioned earlier, there is no necessity for minimum capital required for establishing an LLP in India. Each partner of the partnership should apply for the DIN separately.

Step 2: Submission Of Documents

Once a company's partnership is registered, partners have to submit various documents to the Ministry of Corporate Affairs(MCA) via the official portal. These documents include an original PAN card number, address proof, and other information like educational qualifications. These documents are submitted to the Registrar Of Companies for LLP registration in Delhi.

Step 3: Apply for DSC (Digital Signature Certificate)

Now, the company needs to apply for the DSC for each partner of the LLP who possesses the DIN number. The digital signature certificate is a requirement for DIN holding partners to attach to all forms submitted. It will be needed in the future as well and is required for ROC Return and several other dealings. LLP registration in Delhi can receive DSC even in USB mode.

Step 4: Application for the Name Of LLP

For registration of LLP in India, you need to apply for a company name. To avoid copyright infringement, please make sure your desired company name is available. After submitting the name request form to register the company, they will perform a thorough verification process to ensure that no one has registered a similar name as intellectual property for the company registration with the Ministry of Economic Affairs.

Step 5: Fill Up Incorporation Documents

You have to wait till the name of your company is finally approved. Then, it is imperative to fill out the incorporation documents properly through the MCA portal with the Registrar of Companies (ROC). If there were any mistakes made during this process, then there is a one-time chance to edit them for a fee.

Step 6: You Should Receive Your Certificate Now

Once you've verified your form, the Registrar of Corporate Affairs in Delhi can then issue the main certificate of incorporation which will be the proof of registration for your new company.

Step 7: Open an Account

A current account must be opened with the company name to which the certificate of incorporation is issued. The current account will be used for all financial transactions that must be carried out. This includes dividend payments, share transfers, and charges.

Step 8: Fill Out Your Agreement

After filing the Certificate of Incorporation with the ACRA (Accounting and Corporate Regulatory Authority), the LLP Agreement must then be filed with the ROC office through their website. Just like when you are setting up a partnership firm, all of the company information of the LLP can be input so that it is all in one place.

If you want to register your startup as an LLP in Delhi and you are wondering how to do the same, get in touch with our experts. We have years of experience assisting and implementing successful startup registrations in Mumbai, and we will make the process seamless for you.

Conclusion

Limited Liability Partnership has become a popular form of business organization because it offers limited liability protection for its owners while allowing them to have control over management decisions.

One of the biggest benefits of the LLP is that it provides flexibility to owners by being able to share profits more easily. It also makes it easier for owners to exit or enter the partnership without triggering adverse tax consequences or ownership changes for other partners. Another great benefit of starting an LLP is that there are fewer formalities in its formation process than when you're forming a partnership or corporation.

If you are considering forming a Limited Liability Partnership, the best approach is to seek out professional advice. The governing state laws will differ in some respects, so it is important to be aware of these variations before agreeing. Our company ensures that LLP registration fees in Delhi remain easily affordable.