1. Obtain DSC:
Before the process of registration of LLP is started, it is necessary to apply for the digital signature of the designated partners of the proposed LLP. All the documents for LLP are filed online and are required to be digitally signed. Therefore, the designated partner must obtain their digital signature certificates from government recognized certifying agencies.
2. Apply for DIN:
It is necessary apply for the DIN of all the designated partners or those intending to be designated partner of the proposed LLP. The application for allotment of DIN has to be made in Form DIR-3.
The scanned copy of documents have to be attached (usually Aadhaar and PAN) to the form. The form have to be signed by a Company Secretary in full- time employment of the company or by the Managing Director/Director/CEO/CFO of the existing company in which the applicant shall be appointed as a director.
3. Name Approval:
This process involves registering of the LLP. Before you do this, you would need to see if the name has been already taken or not. This can be done on the free search facility on the MCA portal. The registrar will only approves LLP names that are not taken before.
The Registrar will make the approval of the name only if the Central Government does not deem it not appropriate or undesirable. The name should also not be similar to any of the existing partnership firms, LLPs, trademarks, or body corporates. The form RUN-LLP has to be accompanied by fees as per Annexure , ‘A’ which may be either approved/rejected by the registrar. A re-submission of the form shall be allowed to be made within 15 days for rectifying the defects. There is a provision to provide for two proposed names of the LLP.
4. LLP Incorporation Certificate:
a. The form which is used for incorporation is FiLLiP(Form for incorporation of Limited Liability Partnership) which shall be filed with the Registrar who has jurisdiction over the state in which the registered office of the LLP is situated. The form will be an integrated form.
b. Fees as per Annexure ‘A’ has to be paid.
c. This form also provides the provision for applying for allotment of DPIN, if an individual who is to be appointed as a designated partner does not have a DPIN or DIN.
d. The application for allotment is allowed to be made by two individuals only.
e. The application for reservation may be made through FiLLiP too.
f. If the name that is applied for is approved, then this approved and reserved name shall be filled as the proposed name of the LLP
5. File LLP Agreement:
LLP agreement is very crucial in a limited liability partnership. It determines the mutual rights and duties amongst the partners, and between the LLP and the partners. The partners enter into the LLP agreement:
a. Upon the LLP registration by filing form 3 online on the MCA portal.
b. Form 3 for the LLP agreement has to be filled within 30 days of the date of incorporation.
c. The LLP agreement has to be printed on a stamp paper. The value of stamp paper is different in different states.