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Limited Liability Partnership (LLP) is a distinct form of business entity that combines the features of a traditional partnership with the advantage of limited liability for its partners. Here's an overview of LLP:
Characteristics of a Limited Liability Partnership (LLP):
Limited Liability: Similar to a corporation, partners in an LLP have limited liability, protecting their personal assets from the debts and liabilities of the business.
Separate Legal Entity: An LLP is considered a separate legal entity from its partners. It can own assets, enter contracts, sue, or be sued in its name, separate from its partners.
Partnership Agreement: The LLP agreement defines the rights, duties, responsibilities, and profit-sharing ratio among the partners. It provides flexibility in managing the LLP as per the agreed terms.
No Minimum Capital Requirement: There is no mandatory minimum capital requirement for forming an LLP.
Perpetual Existence: LLP's existence is unaffected by changes in partners unless dissolved or wound up as per legal provisions.
Designated Partner Identification Number (DPIN): Designated partners in an LLP require DPINs for registration.
Process of Registering a Limited Liability Partnership (LLP):
Name Reservation: Choose a unique name for the LLP and apply for name availability through the LLP registration portal provided by the Ministry of Corporate Affairs (MCA).
Partnership Agreement: Draft an LLP agreement defining the rights, duties, and responsibilities of partners and specifying the profit-sharing ratio.
Documents Preparation: Prepare required documents including identity/address proofs of partners, address proof for registered office, and the LLP agreement.
Digital Signature Certificates (DSCs): Obtain DSCs for designated partners to digitally sign the incorporation documents.
Incorporation Application: File an application for LLP incorporation online through the MCA portal, providing necessary details and attaching required documents.
LLP Incorporation Certificate: Upon successful verification and processing, the Registrar of Companies (RoC) will issue the Certificate of Incorporation, acknowledging the establishment of the LLP.
PAN and TAN Application: Apply for Permanent Account Number (PAN) and Tax Deduction and Collection Account Number (TAN) for the newly formed LLP.
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