In India, a Limited Liability Partnership (LLP) and a partnership are two distinct business structures governed by different laws and regulations. The LLP structure was introduced in India through the Limited Liability Partnership Act of 2008, aimed at providing the benefits of limited liability to a partnership-based business. The registration of LLP is governed by the Ministry of Corporate Affairs. The registration process of LLP is similar to the registration of a Private limited company however, the costs and compliance involved in LLP is relatively lower than a Private Limited Company
LLP Registration Process in India:
1. Digital Signature Certificate (DSC):
The first step involves obtaining a Digital Signature Certificate for all partners. It's used for digitally signing the documents during the registration process.
2. Name Approval:
Choosing a unique name for the LLP and applying for its reservation through the Ministry of Corporate Affairs (MCA). The name should comply with MCA guidelines and shouldn't infringe on existing trademarks. One may proceed with incorporation without having a DPIN/ DIN also.
3. Director Identification Number (DIN) & Designated Partners Identification Number (DPIN):
Partners need to acquire DIN/DPIN, which serves as an identification number required for company incorporation.
4. Incorporation Document Submission:
File the incorporation document, which includes the LLP Agreement, details of partners, and a statement of consent from partners.
5. LLP Agreement:
Drafting and filing an LLP Agreement defining the rights, duties, profit-sharing, and other aspects among partners.
6. Certificate of Incorporation:
Once all documents are verified, the Registrar of Companies issues a Certificate of Incorporation, finalizing the LLP's legal existence.