Private Limited into LLP

What is LLP?

A new trend that has been observed of-late is that more and more entreprenuers have started opting for Limited Liability Partnerships. LLP is the limited personal liability provided to each of the partners. Generally speaking, each partner’s personal liability for another partner’s acts is limited to the partnership’s assets. In most states, a partner can’t lose more than his or her investment for something another partner does.

Why convert proprietorship into LLP?

Reasons

By converting a partnership firm into LLP, partners will be able to enjoy the benefits which LLP offers such as limited liability, separate identity for the entity, unlimited partners etc. LLP is Ideal for – Entrepreneurs who want a Separate Legal Entity with Limited Liability and Perpetual Succession. Entrepreneurs who DO NOT wish to raise Venture Capital, Seed or Angel Funding.

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What is the

Documents required

What is the Procedure for LLP Conversion?

All the partners are required to get DPIN(Designated Partner Identification Number). DIN can be used if a partners possesses DIN.
Digital Signature Certificate should be obtained and should be registered with the LLP Application.
Name approval should be obtained from Ministry of Corporate Affairs Application.
Application for conversion has to be made in E-form 17 along with necessary documents.
Once certificate of registration of LLP is issued, concerned LLP shall within 15 days from the date of registration inform the concerned Registrar of Firms with whom the erstwhile firm was registered about such conversion to that line of business.

What Includes in this package?

Verification of Documents
Applying DPIN and DSC for the partners
File LLP Agreement
Incorporation Certificate will be delivered

Frequently Asked Questions (FAQ)

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What is the validity period of the name approved for LLP?

The approved name of LLP shall be valid for a period of 3 months from the date of approval.

Can a LLP undertake Not-for-Profit activities?

No. One of the requisite of an LLP is to carry on business for profit.

Will the assets and liabilities of the firm be transferred automatically to LLP?

All tangible as well intangible property vested in the firm, all assets, interests, rights, privileges, liabilities, obligations relating to the firm and the whole of the undertaking of the firm shall be transferred to and shall vest in the LLP without further assurance, act or deed.

Can the losses or unabsorbed depreciation of the proprietorship concern be carried to the LLP?

The accumulated loss and unabsorbed depreciation of firm is deemed to be loss/depreciation of the successor LLP for the previous year in which conversion was effected. Thus such loss can be carried for further eight years in the hands of the successor LLP.

What are the compliance requirements for LLPs?

Every LLP is required to maintain annual accounts reflecting true and fair view of its state of affairs. A statement off accounts and solvency shall be filed by every LLP with the registrar of LLP every year.

When is an LLP required to get its books audited?

If the LLP has a turnover of Rs.40 lakhs or more and/or has a capital contribution of Rs.25 lakhs or more, the financial statements should be audited..