What is an Incorporation doucment involved in an incorporation of an LLP? Is it lik tht MOA ?? If yes kinly explain wt are the contents and what is the differnece betwwen both ..
10 Replies
CA krishna Kamthe
(Partner)
(148 Points)
Replied 05 January 2010
In LLP you need to make agreement tempalte for this is ready on www.llp.gov.in
First you need to apply for Dpin no.
minimum 2 Dpin is required.and one partner should hold digital signature.
then you need to apply for name after getting name you can apply for registration
after getting register certificate within one month you have to file agreement.
Any assistant call me on 9769808505.
Daxa manek
(CA)
(108 Points)
Replied 05 January 2010
www.llp.gov.in
Process to Start LLP
Attached File : 27 howtoregisterllp.doc downloaded: 373 times
Kavin
(Emplyment)
(149 Points)
Replied 02 February 2010
· A LLP must have at least Two Designated Partners who shall be Individuals.
· At least one Individual Designated Partner shall be a resident in India
· An Individual can act as Designated Partner only after giving Prior Consent to the LLP
· Consent should to act as a Designated Partner be given in eForm no.9(Rule no.7)
· Procedure for obtaining DPIN has been attached
· Atleast Approval of DIPIN of one of the partner is necessary to file form 1 for name availability under LLP.
Incorporation Document – Contents
a. The Incorporation Document should state the following:
b. the name of the LLP
c. the proposed business of the LLP
d. the Registered Office address of the LLP
e. the name and address of each persons who are to be partners of the LLP on Incorporation
g. name and address of partners who are to be Designated Partners of the LLP On incorporation.
i. Contribution to be made by each partner.
j. such other information concerning the proposed LLP as may be prescribed.
· LLP Agreement filing – eform 3.
Necessary fees to be paid as given below.
1. Rs.50/- if the contribution is less than Rs.1 Lakh,
2. Rs.100/- if contribution is above Rs.1 Lakh but not exceeding Rs.5 Lakhs,
3. Rs.150/- if contribution is above Rs.5 Lakhs but not exceeding Rs.10 Lakhs
4. Rs.200/- if contribution is exceeding Rs.10 Lakhs
5. After the expiry of 30 days Rs.100/- is a penalty to be paid per day during which default continues.
· Every Designated partner shall intimate his consent and DIPIN to LLP in form 9 and LLP will intimate ROC within 30 days of intimation.
· The LLP should file Form no.4 (Rule 8) within 30 days of appointment of the Designated Partner with the Registrar along with prescribed fees.
The whole procedure has been laid down in the attachment
"The more you sweat in practice, the less you bleed in battle”
Kavin
(Emplyment)
(149 Points)
Replied 02 February 2010
LLP Formation
Attached File : 30 llp formation.doc downloaded: 487 times
Kavin
(Emplyment)
(149 Points)
Replied 03 February 2010
More on LLP
Attached File : 57 llp.doc downloaded: 405 times
varun
(CA (FINAL), M.com)
(163 Points)
Replied 25 May 2010
should every designated partner need digital signature?????????
because for filling eform 7 for allotment of DPIN it requires applicants signature.....!!!!
wat is the treatment for that clause????????
Kavin
(Emplyment)
(149 Points)
Replied 25 May 2010
each and every designated partner needs to have a digital signature .. For obtaining DPIN , one needs to file form 7 .. and form 7 can not be filed without the digital signature of the applicant
S SRINIVASAN
(CHARTERED ACCOUNTANT)
(199 Points)
Replied 04 December 2010
Dear Kavin
One of my client got his DSC and while applying his form 7 it says that last name not matches with the last name in the application. Actually when id proof of applicant of DPIN has single name we used to give affidavits and we will fill applicant's father name as applicant's last name (as this is a mandatory requirement). But DSC issuing authorities are not bound by this affidavit business. They just issue dsc on the basis of the ID proofs. Now what can be done? Thanks in advance
Kavin
(Emplyment)
(149 Points)
Replied 04 December 2010
Dear Srinivasan,
I have also faced the same problem before, unlike MCA where there is no relevance between the name in the DSC and the name in the DIN.
But in LLP, the name in the DSC has to match with the name in the DPIN, the only way to avoid such problem is to apply for DSC with the name in the DPIN.
Remember the name in the DSC has to match with the name in the DPIN to have role check.
In your client's case there is nothing much that can be done now, please apply for a new DSC with the name as it is in the the DPIN Application.
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