How to Incorporate a New Limited Liability Partnership (LLP) in India

Incorporating a Limited Liability Partnership (LLP) in India involves a streamlined process as detailed below:

Step 1: User Registration

1. Register on the Ministry of Corporate Affairs (MCA) website dedicated to LLP services: www.llp.gov.in or access it through www.mca.gov.in.
2. Click the “Register” tab on the top right-hand corner of the homepage.
3. Complete the registration form, ensuring all mandatory fields marked with * are filled.
4. Select your username and password.
5. Upload your digital signature certificate.
6. Upon successful registration, you will receive a confirmation message.

Step 2: Obtain Designated Partner Identification Number (DPIN)

1. All designated partners of the proposed LLP must obtain a DPIN or DIN.
2. Apply for DPIN/DIN at http://www.mca.gov.in/MCA21/Din.html.

Step 3: Obtain Digital Signature Certificate (DSC)

1. Partners or designated partners must obtain a Class 2 or Class 3 DSC from an authorized certifying agency. Details can be found under the “Certifying Authorities” tab on the LLP portal.

Step 4: Reservation of Name

1. Log in to the LLP portal with your username and password.
2. Click on the “E-Forms” link and open Form-1 to reserve a name.
3. Fill in the required details, including up to 6 name choices for your proposed LLP.
4. Append digital signatures and submit the e-form.
5. Pay the necessary fee using a credit card (Master/Visa).
6. Utilize the free name search facility available on the MCA portal to check for similar/closely resembling names of existing companies/LLPs.
7. Ensure that at least two designated partners, one of whom must be an Indian resident, are listed. Only individuals or nominees on behalf of corporate bodies can act as designated partners.
8. Check the status of your application on the portal.

Step 5: Incorporation of LLP

1. Once the name is reserved by the Registrar, log in to the portal and complete Form-2 “Incorporation Document and Statement.”
2. Pay the prescribed registration fee as per the LLP Rules, 2009, based on the total monetary value of the partners’ contribution.
3. Ensure the statement in the e-form is digitally signed by a designated partner with a permanent DPIN and a practicing advocate/company secretary/chartered accountant/cost accountant.
4. The Registrar will review the documents, and upon satisfaction, will register the LLP within 14 days, issuing a certificate of incorporation in Form-16.
5. Check your application status on the portal.

Step 6: Filing of LLP Agreement (Form-3) and Partners’ Details (Form-4)

1. File Form-3 (Information regarding LLP agreement and changes) and Form-4 (Notice of Appointment of Partner/Designate Partner, consent, etc.) with the prescribed fee either at the time of filing Form-2 or within 30 days of incorporation or subsequent changes.

For detailed guidance, refer to the Instruction Kit available on the home page under the “Users Guide” tab.

By following these steps, you can smoothly incorporate your LLP in India while ensuring full compliance with the regulations.