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As per the Companies Act, 2013 an One Person Company (OPC) is an unique entity where an individual can form a company. It combines the concept of a company with limited liability and succession, allowing a person to own and operate a company in their name.
Prior to the implementation of the Companies Act of 2013 only two people could form a company. The Companies Act of 2013 supports the formation of One Person Company (OPC) in India. It governs the registration and functioning of one person company in India. In comparison with a public company a private company should have at least two directors and two members however on the contrary, one person company registration doesn't need any group of people to be incorporated.
As per the Section 262 of Companies Act of 2013 and official registration of OPC in India is legal. One person company registration in India requires a single director and a single member representing the whole firm. This corporation type has very few compliance requirements in comparison with a private corporation.
The minimum requirement for LLP incorporation is as follows:
Documents required for LLP registration in India are divided into two sections:
The procedure for the LLP registration process are as follows:
Step 1
Name Reservation
The first step for LLP registration is to select a unique name and availability of the proposed name can be checked from the MCA Portal and trademark website. The proposed name is filed using RUN-LLP (Reserve Unique Name-Limited Liability Partnership) form.
Step 2
Obtain a Digital Signature Certificate (DSC)
Obtaining a class 3 DSC of all partners is a significant part of LLP registration. As the online LLP registration has to be done, all documents will be uploaded online along with the digitally signed ones. If any partner has a valid DSC, then there is no need to apply further, and the same DSC can be used. DSC is downloaded in physical tokens similar to pen drives.
Step 3
File LLP Incorporation form
For the LLP registration, FiLLiP (Form for incorporation of Limited Liability Partnership) is filed with the Registrar of the respective jurisdiction. The following documents and information are attached to the incorporation forms.
Step 4
Submit the Agreement of LLP
The LLP agreement governs the mutual rights and duties of partners inter se and those of the LLP and its partners. The form has to be filed mandatory within 30 days of the date of LLP registration. LLP agreement must be filed in Form 3 online on MCA Portal. The LLP agreement has to be signed and notarized on stamp paper, as per the stamp duty that the state government prescribes. For instance, in the case of India, the stamp duty for LLP registration will be 1% of capital contribution (minimum ₹200 and maximum it will be ₹5,000) whereas in Gurgaon (Haryana), the stamp duty for LLP registration is ₹1000 fixed.
The cost for LLP registration will be ₹6,698 which includes DSC making charges for two partners and professional charges but excluding GST charges.
SL. NO | Total Income | Surcharge on Income Tax |
---|---|---|
1. | Up to Rs 3,00,000 | Nil |
2. | Rs 3,00,000 to Rs 6,00,000 | 5% |
3. | Rs 6,00,000 to Rs 900,000 | Rs. 15,000 + 10% |
4. | Rs 9,00,000 to Rs 12,00,000 | Rs. 45,000 + 15% |
5. | Rs 12,00,000 to Rs 1500,000 | Rs. 90,000 + 20% |
6. | Above Rs 15,00,000 | Rs. 150,000 + 30% |
Overall time taken to register the LLP in India is 7-10 working days.
Register Adda is a trustworthy LLP registration consultant in India. They have a team of CAs, CS & lawyers who are experts in recommending the right business structure customised to your startup requirements. The team will guide you through the process, pros, cost, time taken, & post incorporation compliance for starting a new LLP.
LLP Registration is one of the complex processes as it includes obtaining multiple documents such as DSC, DPIN or even Name Approval. LLP offers benefits of Company & Partnership but on the other side it includes compliances as well. It is better to choose the best suitable business structure for you depending on your business needs.
How many partners are required to start an LLP?
In order to start an LLP, at least two partners and two designated partners are required.
What is the FiLLiP Form?
The FiLLiP Form or Form of Incorporation of Limited Liability Partnership is the incorporation form used for LLP Registration.
Is GST Registration compulsory for LLP?
GST registration for LLP is based on turnover and the services or goods that LLP offers. It is not a mandatory requirement.
Is there any minimum capital requirement for LLP registration in India?
For LLP registration in India, no minimum capital is required, it can be established with the least possible capital.