What are the documents required for incorporation of LLP?

Author
By Sakshi Shah on February 18, 2019

MCA introduced an e-form i.e. Form FiLLiP for the process of LLP Incorporation. The new process of incorporation under FiLLiP is much simpler than the earlier incorporation process. Further, the applicant should file Form 3 within 30 days of incorporation to register the LLP Agreement.

What is Form FiLLiP under the new process of LLP Incorporation?

Documents required to file Form FiLLiP:

  1. DPIN (Designated Partner’s Identification Number) Application
    If the designated partners do not hold a valid DIN/DPIN, they can apply for allotment of DPIN and incorporation together under Form FiLLiP. Following documents of each designated partner are required:
  2. Copy of Resolution
    If one or more of the partners, designated partners or nominees is a body corporate, submit the following documents:
    • Copy of resolution on the company letterhead to become a partner in the proposed LLP
    • Copy of resolution on the company letterhead to authorize an individual to act as a nominee or designated partner on behalf of the company
  3. Registered Office Proof
    • Proof of address of the registered office – utility bill not older than 2 months. It may be a telephone bill, gas bill, electricity bill, water bill, property tax bill or rent agreement in the name of the owner
    • NOC i.e. No Objection Certificate – An NOC from the owner allowing the LLP to use the premises as its registered office
  4. Subscriber’s Sheet
    It is a document in which all the designated partners provide their consent of forming an LLP to carry out a lawful business with an intention to earn profits. It is signed by each partner, designated partner and nominee. It also requires signatures of a witness
  5. Details of LLP or Company
    If the partner or designated partner is a director/ partner in any other LLP or Company, submit details of such LLP or Company
  6. Documents regarding the proposed name of LLP
    • Copy of Board Resolution
      If the proposed name is similar to an existing company or existing LLP, submit a no objection certificate
    • Approval of the Trademark Owner or Applicant
      If the proposed name is based on a registered trademark or a pending trademark application, submit approval from the owner
    • Approval of the Central Government
      If the proposed name includes any prohibited words as per ‘The Emblems And Names (Prevention Of Improper Use) Act, 1950’, submit approval of the central government
    • Approval of the Competent Authority
      If the proposed name includes any word indicating a connection with a foreign place or country, submit approval of the competent authority
    • Approval of the Regulatory Authority
      If the proposed name includes words which require the approval of regulated authorities, submit such approval
  7. Optional Attachment
    Submit any other required information as an optional attachment

Documents required to file Form 3:

LLP Agreement
It is a written agreement between the partners that defines the rights and duties of partners, profit sharing ratios, partner’s contribution, nature of business activity etc. The LLP Agreement should be signed by all the partners and should be notarised. Once the company is incorporated, the LLP Agreement should be registered with MCA by filing Form 3.