Company Registration is a primary step for any business organization. To protect your business and secure its rights, company registration is very essential. There are various forms of businesses available that one can register with both as a simple owner or as partnerships. When we come to the domain of partnership’s company registration, LLP due to its various advantages and flexible operations has gained more popularity in recent years over the ordinary partnership company registration.
Limited Liability Partnership or simply LLP is an alternative business form which provides limited liability to the owners and is comparatively easy to manage and hassle-free. It is allowed under the Limited Liability Partnership Act, 2008. LLP is a unique hybrid combination of a limited and partnership company which provides the advantages of Company and flexibility of a Partnership firm. The rights and duties of designated partners are governed by the LLP agreement. If you are looking to get your company registration as an LLP and wish to know the essential Documents required for the same, you’re in the right place. In this article, we’ll look at the documents from both the LLP standpoint and from an individual partner standpoint. So the two basic categories of documents you will need are.
Documents of the Partners
Documents of the Partnership Firm
The minimum of two individuals are a must for registering the LLP. However, there is no limit on maximum partners but one designated partner of LLP must be from India. Name of the LLP should be unique, and it must not be the same or similar to the name of any existing company, LLP or trademark which is registered or applied for.
Documents of the Partners
➤ ID Proof of all Partners –
PAN card acts as a primary ID proof. All the partners are required to provide their valid PAN details at the time of registering LLP.
➤ Address Proof of Partners –
Partners can submit any document out of Voter’s ID, Passport, Driver’s license or Aadhar Card. You must ensure that the address in this document and the one on your PAN matches because otherwise, it leads to complications. If the spelling of one's own name or father’s name or date of birth is different in address proof and PAN card or if there are any differences it should be corrected before submitting to RoC.
➤ Residence Proof of Partners –
Out of Latest bank statement, telephone bill, mobile bill, electricity bill or gas bill should be submitted as a residence proof. Such a bill or statement shouldn’t be more than 2 months old and must contain the name of the partner as mentioned in the PAN card.
➤ Photograph –
All partners must provide copies of their passport-sized photographs. While there is no strict specification regarding the size and resolution of the image, it is preferred that the photograph have a white background.
➤ Passport (in case of Foreign Nationals/ NRIs) –
For becoming a partner in Indian LLP, foreign nationals and NRIs have to submit their passport compulsorily along with these documents. Passport has to be notarised or apostilled by the relevant authorities in the country of such foreign nationals and NRI, else Indian Embassy situated in that country can also sign the documents.
Also, if these documents are in any language other than English, a translated copy must be submitted after gaining the right authorisation or notarization.
Apart from this, the Foreign Nationals or NRIs have to submit a proof of address also which will be a driving license, bank statement, residence card or any government issued identity proof containing the address.
Documents of LLP
➤ Registered Office Proof
Besides providing identity, address and residential address for the Partners, proof must be provided to validate the registered office address of the LLP. You must submit the following documents as proof of registered office during the company registration process or within 30 days of incorporation of the company.
If the registered office is rented, the rent agreement and a NOC from the landlord has to be submitted. No objection certificate refers to consent of the landlord to allow the LLP to use the place as ‘registered office’.This acts as an authorization from the Landlord to use the premises by the company as its registered office.
Proof of evidence of any utility service like telephone, gas, electricity, etc. depicting the address of the premises in the name of the owner or document, which must not be older than two months at the least.
➤ Digital Signature Certificate
DSC is very important for the company registration and should be acquired by only those agencies which are appointed by the controller of certification agencies (CCA). One should not use DSC given by any other agency which is not approved and it’s illegal to use others DSC as yours or the false one.
At least one of the designated Partners must have registered and uploaded a Digital Signature Certificate so that it may be used as a sign of authorisation. All documents certified issued by the LLP must be signed via this DSC. If you already have a digital signature then you don’t need to apply for another one for company registration. But do check for your digital signature validity, agencies issue DSC’s with one or two year validity after expiry you have to renew it. But, if you do not have a DSC, they must first apply for it before initiating the registration process.