Limited Liability Partnership Formation is regulated by Limited Liability Partnership Act, 2008. The minimum number of partners to incorporate an LLP is "Two". There is no upper limit on the maximum number of partners of LLP. Ministry of corporate affairs has put efforts to change overall process and came up with simple steps to incorporate a Limit Liability Partnership.
KYC of Proposed Partners
Registered Business address proof
DSC of partners
Bank Statement of Partners
Partners should not be minor and at least one partner should be resident Indian.
Mandatory Audit of LLP only if -
Capital exceeds Rs. 25.00 Lakh or
Turnover exceeds Rs. 40.00 Lakh
No Compulsory Conversion of LLP into Pvt. Ltd. is required in any circumstances. However Voluntary conversion is allowed at any point of time after its formation.
There is no requirement of minimum capital
There is no minimum capital requirement for LLP. It can be registered with least possible amount of capital.
LLP is having flexibility in operations and it carries following additional benefit over Pvt. Ltd. company :
Low incorporation cost
Significantly low compliances
No mandatory audit in case Turnover less than Rs. 40 Lakh & Capital less than Rs. 25 Lakh
Any person whether individual, company or LLP, can become a partner. However, only an individual can become a "Designated partner" in LLP.
Yes, conversion of LLP into Pvt. Ltd. is possible provided following basic conditions need to be satisfied in order to proceed with conversion procedure -
LLP must have at least 7 partners and approval from all the partners is required for conversion
Advertisement in local and a national newspaper is to be done
No Objection Certificate (NOC) is required from the ROC where such LLP is registered
LLP agreement is an important document which governs the mutual rights and duties amongst the partners and also between the LLP and its partners.
Any individual who intends to become partner must hold the Designated Partner Identification Number, no separate application is required to have the DPIN. It can be obtained with the forms filled at the time of incorporation. DPIN once allotted to you can be used for the lifetime. No other specific qualification is required.