ROC filings for partnerships in India involve submitting required forms and financial details to the MCA, ensuring legal compliance and transparency through online submission.
ROC Filing For Partnership
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Auriga Accounting has a team of registration experts who can provide complete guidance to register your ROC Filing For Partnership.
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We fill out and file your application for ROC Filing
Ready Your ROC Filing For Partnership
Auriga Accounting has a team of registration experts who can provide complete guidance to register your ROC Filing For Partnership.
Our team of experts will get in touch with you and collect all necessary documents and details
We fill out and file your application for ROC Filing
Ready Your ROC Filing For Partnership
In India, ROC (Registrar of Companies) filing depends on the type of partnership structure. There are two main types: Traditional Partnership Firms and Limited Liability Partnerships (LLPs).
Traditional Partnership Firms are governed by the Indian Partnership Act, 1932 and are registered with the Registrar of Firms (ROF) at the state level. These firms do not fall under the jurisdiction of the ROC, and hence, ROC filings are not applicable. Registration with ROF is optional but recommended, and compliance is minimal, usually limited to income tax return filing (ITR-5).
Entity Type Matters: Only Limited Liability Partnerships (LLPs) are eligible and required to file with the Registrar of Companies (ROC); traditional partnerships are excluded.
Governing Law:
Traditional Partnerships: Governed by the Indian Partnership Act, 1932 (No ROC filing).
LLPs: Governed by the LLP Act, 2008 (ROC filing is mandatory).
Registration Authority:
Traditional firms register with the Registrar of Firms (ROF) at the state level.
LLPs must be registered with the Ministry of Corporate Affairs (MCA) and possess a Certificate of Incorporation.
Filing Applicability:
ROC filings such as Form 11 (Annual Return) and Form 8 (Financial Statement) apply only to LLPs.
Traditional partnerships do not require ROC compliance.
Event-Based Compliance: LLPs must also file event-based ROC forms (e.g., partner changes via Form 4), regardless of business activity or revenue.
Audit Requirement for LLPs: Audit is compulsory if:
Annual turnover exceeds ₹40 lakh, or
Capital contribution exceeds ₹25 lakh.
Legal Recognition: ROC compliance provides LLPs with official status as a distinct legal entity, boosting credibility and business reputation.
Limited Liability Protection: ROC registration limits partners’ liability to their capital contribution, safeguarding personal assets from business debts.
Increased Transparency: Regular ROC filings promote transparency, fostering trust among investors, clients, and financial institutions.
Simplified Access to Funding: Adhering to ROC regulations improves governance standards, making it easier to secure loans and attract investors.
Business Continuity: ROC-registered LLPs benefit from perpetual succession, ensuring the partnership’s existence remains unaffected by changes in partners.
Regulatory Compliance: Timely ROC filings prevent penalties and legal complications, enabling seamless and lawful business operations.
Incorporation Documents: Digital Signature Certificate (DSC) of designated partners, Director/Designated Partner Identification Number (DIN/DPIN), and signed LLP Agreement.
Identity Proof of Partners: PAN Card (mandatory) plus Aadhaar, Passport, or Voter ID.
Address Proof of Partners: Recent utility bill, passport, or bank statement (within 2 months).
Registered Office Proof: Rent agreement or ownership deed, NOC from owner (if rented), and recent utility bill (within 2 months).
Additional Documents (if applicable): Consent letters from partners and LLP compliance declarations.
Form-Specific Attachments: Audited financials, LLP agreement copies, or other documents as required by the specific ROC filing form.
Create MCA Account: Visit https://www.mca.gov.in and register with a user ID and password.
Obtain Digital Signature Certificate (DSC): Designated partners must acquire DSCs to digitally sign all required documents.
Apply for Designated Partner Identification Number (DPIN)/DIN: Partners who don’t have a DPIN or DIN must apply for one via the MCA portal.
Reserve LLP Name: Select and reserve a unique LLP name using the MCA’s RUN-LLP (Reserve Unique Name) service.
File Incorporation Form: Submit the LLP incorporation application online on the MCA portal, attaching all necessary documents including the LLP agreement draft.
Upload LLP Agreement: File the LLP agreement using Form 3 within 30 days of incorporation.
Submit Annual Returns and Financial Statements: Annually file Form 11 (Annual Return) and Form 8 (Statement of Accounts & Solvency) through the MCA portal before their due dates.
File Event-Based Forms: Submit relevant event-based filings such as Form 4 for changes in designated partners as required.
Pay Filing Fees: Complete the process by paying the prescribed ROC fees online during submission.
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