1.Decide about the partners of your proposed LLP who should be at least 2 in number. If at any time the number reduces below two. The LLP can carry on business only for 6 months. Thereafter the only partner carrying on business with the knowledge that the number has been reduced. It shall be personally liable to form the obligations of the LLP.
Form and register a limited liability partnership
2. In your proposed LLP you may have individual partners and also body corporate as partners. But out of the total number of partners at least 2 partners. One of the designated partners should be a resident of India. Explanation under the section defines a resident in India a person stayed for a period of 182 days in the preceding year.
3. Ensure that the partners selected who are individuals do not suffer from the following:
(a) he has been establish to be of bad mind by a court of capable jurisdiction.
(b) he is and undischarged failure.
(c) he has assigned to be resolved as an failure and his application is pending.
4. Also ensure that the proposed designated partners do not suffer from the following:
(a) he has at any time failure within mentioned above 5 years has been adjudged .
(b) It has the time of 5 years of an suspended payment to his creditors.
(c) has been evaluated by a court for any offence involving sentenced and moral turpitude.
(d) has been related by a court for an offence regarding section 30 of the LLP Act 2008.
5.Obtain prior consent of the individuals who will become designated partners of your proposed LLP in Rules, 2009.
6.Also obtain particulars of the designated partners to be filed with ROC within 30 days of their appointment in the form of LLP Rules, 2009.
7. See that the designated partners obtain (DPIN) Designated Partner Identification Number from the Central Government under LLP Rules 2009.
8.Obtain digital signature certificate for the designated partners selected for the proposed LLP.
9. Every individual, who is planning to be assigned as designated partner of a Limited Liability Partnership.Under the rules 2006 of the companies (Director Identification Number) make an application electronically.
10. Attach the following to the application for DPIN:
(a) attested or certified copy of the proof of address.
(b) date of birth and father’s name, with self-photograph.
(c) self-photograph pasted on a plain paper with his name and signature.
(d) a copy of the valid passport as proof of identity in case the applicant is foreign national;
e) a copy of the declaration or permission on the letterhead of the body incorporated. It’s specified as a designated partner.
(f) The translation of the certified proof copy is in Hindi or English.
11. Ensure that the attachments mentioned above are attested or certified by anyone of the following Authorities:
(1) Gazetted Officer of the Central or State Government in your country,
(2) Notary Public,
(3) The company accountant or Company Secretary holds a certificate of work under the Chartered Accountants Act, 1949. The Cost and Works Accountants act 1959 and the Company Secretaries Act, 1980 severally.
12. Under the LLP rules 2009 the government will process the applications for the DPIN.
13. The DPIN is allotted for the lifetime of the applicant in rules 2009.
14. Register yourself on the website.
15. Fill in the registration form and select your user name and password.
16.As soon as you register yourself successfully. The system will give a message that you me registered.
17.Select names for your proposed LLP which should have either the words “Limited Liability Partnership” or the acronym “LLP” as the last words.
18.Note that up to 6 choices can be indicated in the application Form No.1 of the LLP Rules, 2009 for reservation of name.
19.Also note that any partner or designated partner in the proposed LLP having a DSC may submit form.
20.Further note the following while selecting names for the proposed LLP:
(a) The Limited Liability Partnership name is shall not be one banned. Under the act 1950. of an names and emblems .
(b) A name shall not mostly be assigned.
(i) it contains the words which are violative to any section of the people;
(ii) the proposed name is the perfect English or Hindi and translation of the name same as the proposed name.
(iii) it includes the word Co-operative in the regional languages of the country.
(iv) it presents the patronage or participation of the state or central government. Unless cases justify to, e.g., a name may be deemed undesirable in certain context. It contains any of the words such as President, National, Union, Federal, Republic, Central, Rashtrapati, etc..
(v) the recommended name includes the words ‘British India’.
(vi) it contains trade name of registered Trademark. Unless the owner permits the trademark has been produced.
21. Log on to the limited liability partnership (LLP) website and enter your username and password.
22. The website is opened Click “E-Forms” link and open Form No. I for preserve name and fill in the detail and append digital signatures. Provide the e-form and also pay Rs. 200/- for the fee of as mentioned in Annexure of the LLP Rules, 2009, by credit card.
23.Note that free name search facility on the LLP website where the system will specify you with a list of closely or similar checking the names of existing Companies LLP. It is based on the search criteria filled up by you.
24.Make the application in Form for reservation of name with which the proposed LLP is to be registered with the ROC having jurisdiction. Where the LLP registered office is to be situated in Coimbatore.
25.On receipt of the application. The ROC will inform you about the reservation or non-reservation of the name. Which the proposed LLP is to be registration usually within 7 days of the receipt of the application.
26.Remember that where the ROC informs you about reservation of the name with which the LLP is to be registered. Such name shall be use able for reservation for a period of 3 months from the date of intimation by the ROC.
27.Once all the above formalities are complied with file. The incorporation document in form with the ROC having a power over the state. The registered office of the LLP is to be situated, along with the fee as provided to the LLP Rules, 2009.in annexure A.
28. Log on to the LLP portal and fill up Form and state therein inter alia the name of the LLP, its proposed business, the address of its registered office, the name and address of each of the persons who are to be its partners on incorporation. The name and address of the persons who are to be its designated partners on registration.
29. Do not make a statement with regard to the proposed business of the LLP. Which you know it to be false or you do not believe it to be true. Because that will make you punishable with imprisonment for a term up to 2 years. With fine not less than Rs. 10,000/- and can extend up to Rs. 5 lakhs
30.Once all the complete documents are filed with the ROC as attachments to Form. He is satisfied about the compliance with the provisions of Section 11 of the LLP Act, 2008. He will within a period of 14 days of filing to form register the incorporation document. Give a certificate that the LLP registration name specified therein.
31. Note that the aforesaid certificate will be conclusive evidence. The LLP is in registration by the name specified in the registered office at Coimbatore.
32. Also note that on registration, a LLP will be by its name capable of :
(a) suing and being sued
(b) holding and developing or disposing of property, acquiring, owning. Whether movable or immovable, tangible or intangible.
(c) doing and suffering such other acts and things as bodies corporate may lawfully do and suffer.
