The Indian Partnership Act, 1932 governs partnership forms of business in India. Section 4 of this Act defines a partnership as the relationship between partners who have agreed to share the firm’s profits carried on by all or any one of them acting for all. A bare reading of this definition shows that a partnership requires partners who share their firm’s profits amongst each other. Further, the firm’s business must be carried on either by all of them together or by one of them acting on behalf of others. The members of such a business are individually called partners and collectively, a firm.
A limited liability partnership (LLP) is a partnership in which some or all partners have limited liabilities. It therefore can exhibit elements of partnerships and corporations. In a LLP, each partner is not responsible or liable for another partner's misconduct or negligence.
Section 2(68) of Companies Act, 2013 defines private companies. According to that, private companies are those companies whose articles of association restrict the transferability of shares and prevent the public at large from subscribing to them. This is the basic criterion that differentiates private companies from public companies.
1. Obtain Digital Signature Certificate
2. Obtain Director Identification Number for those partners who don’t have Designated Partner Identification Number.
3. Name Approval from Ministry of Corporate Affairs by filing RUN Form
4. Filing of form 17 along woth Filing of e-form 2
5. Filing of form 3
6. Decide the designated partners (minimum 2 are required and one of them have to be resident in India) of the Limited Liability Partnership.
1. Prepare notice of board meeting along with draft resolution(s) to be passed in the board meeting.
2. Prepare draft minutes of the board meeting and circulate, within a period of fifteen days from the date of conclusion of that meeting, to all directors, by hand/speed post/registered post/courier/e-mail or by any recognized electronic means, for their comment(s).
3. Name Approval from Ministry of Corporate Affairs by filing RUN Form
4. Filing of form 17 along woth Filing of e-form 2
5. Filing of foprm 3
6. Decide the designated partners (minimum 2 are required and one of them have to be resident in India) of the Limited Liability Partnership.
7. File e-Form LLP-18 for purpose of filling of application for conversion with Registrar.
8. File e-Form FILLIP for filling of incorporating documents with the Registrar.
9. The Registrar shall issue a certificate of registration in Form No.LLP-19 as to conversion of the Limited Liability Partnership.
10. The Certificate of Registration issued shall be the conclusive evidence of conversion of the company into Limited Liability Partnership.
11. File e-Form LLP-14 within 15 (fifteen) days of the date of registration, informing or intimating to the concerned Registrar of Companies with which it was registered under the provisions of the Companies Act, 1956/2013 about such conversion and the particulars of the limited liability partnership, within 15 days of conversion into Limited Liability Partnership.
12. Obtain Certificate of Incorporation as Limited Liability Partnership from the Registrar.
A Digital Signature Certificate is a secure digital key that is issued by the certifying authorities for the purpose of validating and certifying the identity of the person holding this certificate. Digital Signatures make use of the public key encryptions to create the signatures.
Director Identification Number (DIN)/ Designated Partner Identification Number (DPIN) is a unique identification number given to an existing or a potential Director of any company which is incorporated. DIN came into existence after the insertion of the section 266A & 266B of the Companies Act, 1956 (as amended vide Act No 23 of 2006).
50 -60 working days
Memorandum of Association and Articles of Association of the Company. Rest of all the documents prepared by MyCompanywala Team and send to you for signing purposes only.
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