Limited Liability Partnership (LLP) Registration
Limited Liability Partnership(LLP) was introduced in India through Limited Liability Partnership Act, 2008. The primary concept for the introduction of Limited Liability Partnership company type is to provide a kind of legal and financial entity, that is simple and offers limited liability to the owners for the company’s debts.
The most amazing advantage of the limited liability partnership firm as compared to traditional partnership firm is that one partner is not liable for the wrong doings of another partner of the company.
Minimum two people can form an LLP with no maximum limit on the number of its partners. The other advantage of LLP form of business over a private limited is in the fact that there is less compliance requirement in comparison to a private limited company. For instance, an audit is not required till the time turnover reaches 40 lac or capital reached Rs. 25 lac. This is preferred choice for small businesses with less capital.
Procedure
Benefits
Required Documents
Minimum Requirements For Limited Liability Partnership (LLP) Registration
- Minimum Two Person
- At least one Designated Partner is Indian Resident
FAQs
Q. What is an LLP?
A. A Limited Liabilty Partnership firm (LLP) is a hybrid structure between a partnership firm & a private limited company where the business is carried out in a corporate framework, guided by terms of the mutually adopted partnership deed.
Q. What are the advantages of registering as an LLP over general partnership firms?
A. Liability- In a general partnership firm, partners are personally liable for debts of the business which means that even their personal property may be used to settle the firm’s debts. Whereas, the liability of partners is limited in case of an LLP.
Immunity against wrong doings of other partners- Under LLP structure, partners are not responsible for negligence or misconduct of other partners whereas in general partnership firms, partners can be held responsible.
Q. Does the Income Tax Act treat partnership firms and LLPs differently?
A. Both general partnerships and LLPs are taxed at flat rate of 30%.
All the other income tax act provisions apply similarly except that general partnership firms are covered under presumptive taxation scheme i.e if turnover is below Rs. 2 crore in business or Rs. 50 lakh in case of profession, there is no need to maintain books of accounts or get accounts audited whereas, LLPs are explicitly not covered.
Q. Who can be a “Designated Partner”?
A. Every LLP shall be required to have atleast two Designated Partners who shall be individuals and at least one of the Designated Partner shall be a resident of India.
In case of a LLP in which all the partners are bodies corporate or in which one or more partners are individuals and bodies corporate, at least two individuals who are partners of such LLP or nominees of such bodies corporate shall act as designated partners.
Q. What is the minimum capital requirement for LLPs?
A. There is no minimum capital contribution requirement. It can be registered even with Rs. 100 as total capital contribution.
Q. What is the audit requirement for LLP?
A. Accounts of an LLP are required to be audited when the turnover is Rs. 40 lakh or more or when the total capital contribution is Rs. 25 lakh or more.
The auditor of an LLP is appointed annually by the designated partners.
The first auditor is appointed before the end of the financial year. Subsequent appointment or reappointment of the auditors is made one month before the closing of the financial year by the designated partners.
Q. What is the stamp duty payable for LLP incorporation?
A. The stamp duty payable depends on the state you incorporate and your authorized share capital.
Below are the charges for a few states of up to Rs.1 lakh of share capital:
- Karnataka, Maharashtra: Rs.1000
- Delhi: 1% of the capital
- Andhra Pradesh: Rs.500
- Uttar Pradesh: Rs.750
Apart from this, notary charges of Rs.340 will apply for two partners affidavits and related stamp duty.