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Partnership To Limited Liability Partnership

A Limited Liability Partnership (LLP) merges the flexibility of a traditional partnership with the liability protection offered by a limited company.

Partnership To Limited Liability Partnership

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Why Should I Use Auriga Accounting For Partnership To Limited Liability Partnership ?

Auriga Accounting has a team of registration experts who can provide complete guidance to register your Partnership To Limited Liability Partnership.

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Our team of experts will get in touch with you and collect all necessary documents and details

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We fill out and file your application for Partnership To Limited Liability Partnership

Complete your Registration

Ready Your Partnership To Limited Liability Partnership

Why Should I Use Auriga Accounting For Partnership To Limited Liability Partnership ?

Auriga Accounting has a team of registration experts who can provide complete guidance to register your Partnership To Limited Liability Partnership.

book appointment

Our team of experts will get in touch with you and collect all necessary documents and details

Resolve all your queries

We fill out and file your application for Partnership To Limited Liability Partnership

Complete your Registration

Ready Your Partnership To Limited Liability Partnership

Overview - Partnership To Limited Liability Partnership

A Limited Liability Partnership (LLP) is a modern business structure that combines the features of a traditional partnership with the benefits of limited liability. Unlike a general partnership, where partners are personally liable for business debts, an LLP provides protection by limiting each partner’s liability to their contribution, safeguarding their personal assets. An LLP is a separate legal entity, capable of owning property, entering into contracts, and suing or being sued independently of its partners.

The transition from a partnership to an LLP involves registering under the LLP Act, which establishes a formal legal framework for the conversion process. Existing partnership firms can convert into LLPs by fulfilling the prescribed registration procedures, including drafting an LLP agreement that outlines management and profit-sharing arrangements. This conversion offers several advantages, such as limited liability protection, perpetual succession, and enhanced credibility in the business environment.

Advantages of Partnership To Limited Liability Partnership

Limited Liability Protection: Partners’ personal assets are safeguarded since their liability is confined to their initial capital contribution, minimizing personal financial exposure.

Separate Legal Entity: An LLP is a distinct legal entity that can own property, enter into contracts, and initiate legal proceedings independently of its partners, providing legal independence.

Perpetual Succession: The existence of an LLP is not affected by changes in partnership, ensuring continuous operation and stability regardless of changes in individual partners.

Flexible Management Structure: Partners have the autonomy to design and implement their internal management and profit-sharing arrangements through the LLP agreement, allowing for operational adaptability.

Enhanced Credibility: LLPs are often perceived as more professional and trustworthy entities, which can boost confidence among clients, investors, and financial institutions.

Limited Personal Liability: Unlike traditional partnerships, partners are not personally liable beyond their investment in the LLP, reducing personal financial risks.

Simplified Compliance: Although LLPs must adhere to statutory regulations and filings, their compliance procedures are generally more straightforward compared to other corporate structures such as companies.

Tax Advantages: LLPs are taxed as partnership firms, avoiding double taxation and potentially offering beneficial tax treatment for the partners.

Eligibility for Partnership To Limited Liability Partnership

Existing Partnership Firm: The business must be officially registered as a partnership under the Indian Partnership Act, 1932, or the relevant applicable law.

Number of Partners: The partnership should have a minimum of two partners. There is no maximum limit on the number of partners in an LLP.

No Legal Restrictions: The partnership should not be engaged in any activities that are illegal or prohibited by law.

Partnership Agreement: A well-defined partnership agreement should be in place, specifying the process for transfer or conversion, with the consent of all partners to proceed.

Regulatory Compliance: The partnership must fulfill all legal requirements for registration as an LLP, including obtaining Digital Signature Certificates (DSC), Designated Partners’ Identification Numbers (DPIN), and filing the necessary documentation with the Registrar of LLPs.

Business Activities and Profit Sharing: The business activities currently undertaken should be eligible for LLP registration, and the profit-sharing arrangements must be compatible with LLP regulations.

Legal Disputes: The partnership should not be involved in any pending legal disputes that could obstruct or delay the registration or conversion process.

Documents required for Partnership To Limited Liability Partnership

  1. Original Partnership Deed
  2. Partnership Registration Certificate (if registered)
  3. PAN Card of the Partnership
  4. Address Proof of the Partnership
  5. PAN and Address Proof of Partners
  6. Digital Signature Certificates (DSC) of Partners
  7. Identity and Address Proof of Designated Partners
  8. No Objection Certificate (NOC) from Partners
  9. Declaration of Compliance by Partners
  10. Consent or Board Resolutions for Conversion

Procedure for Obtaining Partnership To Limited Liability Partnership

  1. Obtain Digital Signatures (DSC) for partners.
  2. Ensure at least two designated partners have a valid DIN or apply for DIN.
  3. Reserve the LLP name via the MCA portal.
  4. Draft the LLP Agreement outlining partners’ rights and duties.
  5. File incorporation forms (FiLLiP) with required documents on MCA, including partner details, address proof, and consent.
  6. Pay the registration fee.
  7. Receive the LLP Incorporation Certificate from MCA.
  8. If converting an existing partnership, file notices with relevant authorities.

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