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DSC? Get DSCFORM 16
DPINRegnwww.llp.gov.in
yes
no
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2
FORM 1
FORM 2
Drafting
FORM 3 FORM 4
yes
DPIN
Approved
DPIN not Approved
�Registered User
�Business User
Registration
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�www.llp.gov.in
�Fill up an online form
�Upload digital signatures
DPINDesignated Partner’s Identification Number
�Must for every designated partner
�Nominee in case of body corporate
�DSC not required
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�File form 7
�Abbreviated name is not allowed
�Deposit filing fee of Rs. 100 online through debit or
credit card
�Provisional DPIN
DPIN
�Take a printout
�Attach ATTESTED copies of
�Latest passport size photograph
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�Latest passport size photograph
�Proof of identity
�Proof of residence
�DIN as DPIN
DPIN
�Dispatch Within 60 days to:
MCA DPIN Cell
Ministry of Corporate Affairs,
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Ministry of Corporate Affairs,
3rd Floor, “Paryavaran Bhawan”,
CGO Complex, Lodhi Road,
New Delhi-110003.
�Track status online after a week
Acquire DSC
�At least one designated partner
�Class 2 or Class 3
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�Class 2 or Class 3
�Associate DSC
�Forms download facility not
available
�Only credit card
Online Filing
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�Only credit card
�Communication through e-mail
�E token / installed DSC
�no alternate login
Reservation of Name
�Not undesirable or similar to
2 (1) (p) “name”, in relation to a partner of a limited liability
partnership, means—
(i) if an individual, his forename, middle name and surname; and
(ii) if a body corporate, its registered name;
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�Not undesirable or similar to
�form 1 – Part A
�Search
�Even without DPIN
�E-mail ID mandatory
�to be digitally signed by the applicant
Reservation of Name
�Attachments:
�In principle approval of appropriate authority, if any
�Trademark registration, if any
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� Resolution, if any
�No Objection Certificate, if any
�Deposit filing fee of Rs. 200 online through credit or debit card
�Approval on E-Mail / Check status
�Name is valid for three months
Incorporation Document and Statement
�Form 2
�Attachments:
�Statement of Subscribers
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�Address proof of registered office
�List of individual partners in case numbers exceed five
�List of body corporate partners in case numbers exceed five
�Resolution in case of Bodies Corporate And Nominees
�To be digitally signed by one of the subscribers AND a
professional
Incorporation Document and Statement
Contribution Registration Fee
�Deposit necessary filing fee online
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Fee
≤ 1 lakh 500
≤ 5 lakh 2000
≤ 10 lakh 4000
> 10 lakh 5000
� Check status online
Certificate of Incorporation
�Within 14 days
�Form 16
�Scanned copy by e-mail
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�Physical copy by post.
LLP agreement
�Before or after incorporation
�To be ratified by all
�form 3 Part A
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�Physical agreement is not required to be filed
�within 30 days of incorporation
�Particulars of Change
�form3 or LLP agreement not open for public inspection
�Everytime partners change, agreement also change
LLP Agreement
23 (4) In the absence of agreement as to any matter, the mutual
rights and duties of the partners and the mutual rights and duties of
the limited liability partnership and the partners shall be determined
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by the provisions relating to that matter as are set out in the First
schedule.
Does that mean We can Skip LLP Agreement !
LLP Agreement
33. (1) The obligation of a partner to contribute money or other
property or other benefit or to perform services for a limited liability
partnership shall be as per the limited liability partnership agreement.
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23. (1) Save as otherwise provided by this Act, the mutual rights and
duties of the partners of a limited liability partnership, and the mutual
rights and duties of a limited liability partnership and its partners, shall
be governed by the limited liability partnership agreement between
the partners, or between the limited liability partnership and its
partners.
LLP Agreement
Can we Skip to execute LLP Agreement
?
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NO
Drafting
Matters to Be Provided: four categories
�Must Be Provided
�Optional Matters
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�Optional Matters
�Shall be provided
�May be provided
Drafting
Must Provide for
�Particulars of the parties to the agreement
�Business of the LLP
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�Business of the LLP
�Contribution of Partners
�Appointment of Designated Partners
�Admission of a Partner
Drafting
Optional Matters
�Expulsion Rights
�Qualifications or Restrictions for Becoming Partner
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�Qualifications or Restrictions for Becoming Partner
� Responsibilities of the Designated Partners
�Remuneration to Working Partners
�Any other customized right / duty or matter
�operation of bank accounts
�Specific responsibilities of each partners
Drafting
Shall Provide for
�Applicability of First Schedule
�Cessation of a partner
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�Cessation of a partner
�Sharing Ratio
Drafting
May Provide for
�Additional Address
�Change of Registered Office
�Change of name
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�Change of name
�Auditor’s Continuance
�Auditors Remuneration
�Removal of Auditor
�Rights of an Outgoing Partner
�First schedule matters
Filing Fee
Contribution Filing Fee
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≤ 1 lakh 50
≤ 5 lakh 100
≤ 10 lakh 150
> 10 lakh 200
Stamp Duty
Indian Stamp Act,1899(As applicable to National Capital territory of Delhi)
Schedule 1A
46 PARTNERSHIP--
A--Instrument of--
(a) where the capital of the partnership does not exceed Rs. 500;(b) in any other case
One per cent with a ceiling of Rs. 5,000
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5 AGREEMENT OR MEMORANDUM OF AN AGREEMENT
(a) if relating to the sale of a bill of exchange; One rupee for every Rs. 10,000 or part thereof
(b) if relating to the sale of a government security or share in an incorporated company or other body corporate;
One rupee for every Rs. 10,000 or part thereof of the value of the security or share subject to a maximum of Rs. 1,000.
(c) if not otherwise provided for; Fifty rupees
Particulars of Partners
�form 4
�Simultaneously or within 30 days of incorporation
�Attachments:
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�List of individual partners in case numbers exceed five
�List of body corporate partners in case numbers exceed five
�Resolution, if any
�Address proof of partners
Particulars of Partners
�Proof of change in name
�Consent of all Partners and Designated Partners
�To be digitally signed by a designated partner and a professional
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�make online payment through credit or debit card
�Check status
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