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Limited Liability Partnership (LLP) Registration in India
In India, a modern business structure, the Limited Liability Partnership (LLP), has become prominent, providing businesses the same functional flexibility as a standard partnership while offering the protections of a separate corporate structure. Under the Limited Liability Partnership Act of 2008, an LLP is recognised as a separate legal entity.
Register your LLP in India hassle-free with Kanakkupillai. Thousands of entrepreneurs and growing businesses trust us for smooth and reliable LLP registration services. From name approval to final incorporation, our experienced professionals handle the entire online process and ensure timely completion. All you need to do is reach out to us, and our experts will guide you every step of the way.
What is an LLP?
The LLP is a legal structure for businesses in India that provides greater protection for a firm's partners from creditors' claims. An LLP is governed and recognised as a separate entity to its partners under the Limited Liability Partnership Act of 2008.
Key Features:
- Separate Legal Entity: The LLP is viewed as a distinct legal entity and will exist independently of its partners.
- Limited Liability: Each partner's liability for debts incurred by the LLP is limited to the amount contributed by that partner as their agreed capital contribution and will therefore protect the partner's personal assets from the LLP's creditors.
- Perpetual Succession: The LLP has a continuous existence beyond the retirement/withdrawal of a partner.
- Governance by Agreement: The internal rights, duties, and profit distribution among partners are governed by an LLP Agreement, which must be filed with the Ministry of Corporate Affairs (MCA).
- Designated Partners: The LLP must appoint at least two designated partners, one of whom must be a resident of India.
As a result of the legal protections they provide, the reduced compliance requirements they entail, and protection from creditor liability, LLPs are extremely popular and commonly used business structures for professionals, start-ups, and small businesses in India.
Requirements and Eligibility Criteria:
1. Designated Partners
A Designated Partner in a Limited Liability Partnership (LLP) is responsible for:
- Carrying out the essential functions of the LLP
- Managing day-to-day operations
- Filing annual returns and statutory forms.
- Returns and documents with the RoC
- Maintaining books of accounts and records
To qualify as a Designated Partner:
- At least one must be an Indian citizen or entity
- Must be 18 years or older
- Must be legally capable of entering into contracts
2. Number of Partners
A minimum of two partners is required to establish an LLP.
3. Partner Identity and Documentation
Proper identification and supporting documents must be provided by all partners.
4. Eligible Entities
The following can become partners in an LLP:
- Indian citizens or residents
- Foreign nationals and companies (subject to applicable laws and documentation)
- Non-Resident Indians (NRIs) (with compliance requirements)
- Other legal entities, such as LLPs, companies, and registered bodies
Why Choose an LLP over a Partnership Firm or Private Limited Company?
An LLP is an advantageous solution for many types of businesses that fall between a Typical Partnership Firm and a Typical Private Limited Company. Unlike a Typical Partnership Firm, in an LLP, the Partners have Limited Liability, so the partners' private assets cannot be claimed to meet the company's business debt or loss. LLPs have their own legal identity, providing greater assurance regarding the ongoing credibility of the business and its continuity.
Compared to a Private Limited Company, an LLP provides much lower compliance and operating costs. An LLP is not required to adhere to exacting corporate governance rules. The way that profits can be distributed by an LLP is also more flexible than a Private Company due to its governance by the LLP Agreement.
LLP vs Partnership vs Private Limited Company
|
Feature |
LLP |
Partnership |
Private Limited Company |
|
Liability |
Limited to capital contribution |
Unlimited |
Limited to the unpaid share capital |
|
Legal Entity Status |
Separate legal entity |
Not separate |
Separate legal entity |
|
Governance Law |
Limited Liability Partnership Act, 2008 |
Partnership Act, 1932 |
Companies Act, 2013 |
|
Perpetual Succession |
Yes |
No |
Yes |
|
Minimum Partners |
2 |
2 |
2 |
|
Maximum Partners |
No upper limit |
20 |
200 |
|
Mandatory Registration |
Mandatory |
Optional |
Mandatory |
|
Audit Requirement |
Conditional |
As per the terms |
Mandatory |
|
Ownership Transfer |
Flexible, as per LLP Agreement |
Requires partner consent |
Shares are transferable with restrictions |
Step-by-Step LLP Registration Process in India
The registration of an LLP in India is a completely online process via the Ministry of Corporate Affairs portal. The registration process consists of the following steps:
Step 1: Digital Signature (DSC)
All partners need a DSC in order to file online safely and securely.
Step 2: Designated Partner Identification Number (DPIN)
All partners need to apply for a DPIN as it serves as a unique identifier to distinguish them as corporate directors in India.
Step 3: Name Reservation
Select a unique business name for the LLP using the MCA’s name reservation system. The name should not resemble any existing company or LLP.
Step 4: Incorporation Filing
File the incorporation documents via the MCA portal, including:
- Details of partners
- Registered office address
- Proof of identity & address
- LLP agreement
Step 5: Certificate of Incorporation
Upon verification, the Registrar of Companies (RoC) issues the Certificate of Incorporation.
Documents Required for LLP Registration in India
To register a Limited Liability Partnership (LLP) in India, particular documents must be submitted to establish the identity of partners and the registered office address. Providing accurate and complete documentation helps secure smooth approval by the Ministry of Corporate Affairs.
Documents Required for Partners:
- PAN Card
- Identity Proof - Any of the following:
- Voter ID
- Passport
- Driving License
- Aadhaar Card
- Passport Size Photograph
- Contact Details
- Educational Qualification
- Occupation
- Address Proof - Any one of the following:
- Latest one-month Savings Account Bank Statement
- Rent Agreement / Lease Agreement
- Utility Bill
- Digital Signature Certificate (DSC)
- Director Identification Number (DIN)
- Shareholding Percentage - Percentage held by each partner.
Documents Required for Partners of Foreign Nationals
- Passport
- Address Proof
- Residential Proof
Documents Required for LLP (Entity Level Documents)
- Name of the Business / Trade / Company
- Business Activity / Main Objective
- Proof of Registered Office Address - Any one:
- Latest Electricity Bill
- Property Tax Receipt
- Rent Agreement / Lease Agreement
- Latest Bank Statement / Utility Bill not older than 2 months
- Photographs of Registered Office / Business Place
- Address Proof of the Landlord, in case of a rented office
- No Objection Certificate (NOC)
- Rental Agreement
- Subscriber Sheet
- LLP Agreement - Governs the rights, duties, and responsibilities of partners.
- Company Mail ID - Official email address for LLP communication
Documents Required for Registered Office
- Rent Agreement or Ownership Proof
- Latest Utility Bill, like electricity, water, or gas bill
- No Objection Certificate (NOC) from the property owner
Timeline and Cost for Registering an LLP in India
Typically, it takes approximately 7 to 15 days from the date the name is approved by the Registrar and once the Government has processed the registration. Indicatively, the following timelines apply to different stages of the process of registering an LLP in India:
- Digital Signature Certificate (DSC): 1-2 Days
- Name Reservations: 1-3 Days
- Filing for Incorporation of LLP and obtaining approval: 3-5 Days
- Issuing Certificate of Incorporation: 1-2 Days
- Filing of LLP Agreement: Within 30 days of incorporation
There may be delays if documents are incomplete or inconsistent, or if the name requires resubmission. By using a professional service and providing valid documents, you should find the LLP registration process proceeds efficiently, with no unnecessary follow-ups or rejections.
Cost of LLP Registration in India
LLP Registration Fees Breakdown
|
Particulars |
Included |
|
DSC for 2 Partners |
✔ |
|
Name Approval |
✔ |
|
Incorporation Filing |
✔ |
|
LLP Agreement Drafting |
✔ |
|
PAN & TAN |
✔ |
|
Government Fees |
✔ |
Total Package Starting at ₹6,022 + GST
No Hidden Charges | Transparent Billing | PAN India Service
Benefits of LLP Registration in India
By electing the LLP structure, you can take advantage of diverse strategic benefits that will directly improve your ability to achieve your business goals, manage risk, and build investor trust. Below are the major advantages:
1. Limited Liability
Partners in an LLP are not personally liable for the debts of that entity outside of the contribution amount each has made to the business, and their personal assets are not at risk for either their losses in the business or any other types of claims made against the business.
2. Separate Legal Entity
An LLP is a separate legal entity for various purposes. The LLP has the authority to:
- Subject and determine ownership of assets as an entity
- Execute contracts without regard to who the individual partners are
- Sued and/or to sue as a separate entity versus as an individual(s).
3. Flexible Management Structure
LLP has no restrictions on how individual partners work with respect to the following items in the business:
- Distribution of profits
- Management responsibilities of the LLP
- Daily operational responsibilities.
All of the above items would be documented in the LLP Agreement, providing the partners with a flexible, efficient, and unified manner of conducting business.
4. Lower Compliance Burden Compared to Companies
Compared to a Company, an LLP has less statutory compliance to meet. Most LLPs only have to get their accounts audited when they meet at least one of these thresholds:
- Annual turnover exceeding ₹40 lakh, or
- Aggregate partnership contribution exceeding ₹25 lakh.
5. Greater Tax Efficiency
LLPs also present an advantage for tax efficiency; partners of an LLP will not be assessed for dividend distribution taxes because no taxation will occur at the entity level on profit distributions from an LLP, whereas corporate entities will incur DDT when they make profit distributions. This can greatly enhance your LLP's ability to generate profits and reinvest.
Disadvantages of LLP
- Cannot issue equity shares
- Difficult to raise venture capital
- Public perception is lower than that of Pvt Ltd
- Transfer of ownership is more complex
Who Should Choose LLP?
LLP is Ideal For:
- Consultants & Professionals
- CA Firms & Law Firms
- IT & Software Services
- Freelancers & Agencies
- Family-Owned Businesses
- Startups not seeking VC funding
Tax Benefits: LLP vs Private Limited Company
|
Tax Aspect |
LLP Tax Treatment |
Private Limited Company |
|
Income Tax Rate |
Flat 30% on taxable profits |
22% (new regime, without exemptions) or 25% (if turnover ≤ ₹400 crore under old regime) |
|
Surcharge |
Applicable only if income exceeds prescribed limits |
Applicable as per the company tax slabs |
|
Dividend Distribution Tax (DDT) |
Not applicable |
Dividend taxed in shareholders’ hands as per slab rates |
|
Tax on Profit Distribution |
No additional tax on withdrawals by partners |
More cash retention and flexibility for partners |
|
Alternate Minimum Tax (AMT) |
Applicable at 18.5% (if exemptions claimed) |
MAT @ 15% (if applicable under the old regime) |
|
Remuneration to Partners |
Allowed as deductible expense (subject to limits) |
Director's salary allowed, dividends not deductible |
|
Tax on Withdrawals |
No additional tax on partner withdrawals |
Dividends taxed as personal income |
|
Compliance Cost (Tax-related) |
Lower |
Higher due to corporate tax filings |
|
Double Taxation |
No double taxation |
Yes, the company pays tax, and shareholders are taxed again on dividends |
|
Tax Planning Flexibility |
Moderate, agreement-driven |
Higher, but with stricter regulations |
LLP Annual Compliance & Legal Obligations
Once formed, LLPs must comply with a defined set of annual filings:
- Annual Return (Form 11): Filed within 60 days of the financial year end, providing partner and business details.
- Statement of Accounts and Solvency (Form 8): Filed by October 30 each year, outlining the LLP’s financial condition.
- Income Tax Returns: LLPs must file income tax returns in accordance with Indian tax laws.
- Audit (Conditional): Audits become compulsory only if turnover or capital crosses regulatory thresholds.
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Advantages of Registering an LLP with Kanakkupillai
Choosing the right professional partner is as important as choosing the right business structure. When you register your LLP with Kanakkupillai, you benefit from a process-driven, compliance-focused, and experience-backed approach developed to deliver accuracy, speed, and long-term value.
- Expert-Led Legal Support: Your LLP registration is handled by qualified professionals with in-depth knowledge of the LLP Act, 2008 and MCA regulations, ensuring error-free filings and full legal compliance.
- End-to-End Online Process: From DSC and name approval to incorporation and LLP agreement filing, the entire process is managed seamlessly online, saving you time, effort, and follow-ups.
- Transparent Pricing & No Hidden Costs: Clear cost structures and upfront communication ensure complete transparency at every stage of registration.
- Accuracy-First Documentation: Meticulous document verification reduces the risk of MCA resubmissions, delays, or future compliance issues.
- Continuous Compliance Support: Beyond registration, Kanakkupillai provides ongoing assistance with annual filings, amendments, and statutory compliance, supporting your LLP throughout its lifecycle.
Register Your LLP with Confidence
Get expert-led LLP registration with complete compliance clarity, accurate documentation, and end-to-end professional support. Start your LLP the right way-secure, compliant, and growth-ready.
Frequently Asked Questions
How long does it take to register an LLP?
It usually takes between 7 and 15 business days to register an LLP after the documents have been submitted and approved by the MCA.Is there a minimum amount of money required to form an LLP?
Indian law does not set a minimum amount of money for the formation of an LLP in India.Must an LLP have a minimum of 2 partners?
Yes, LLP must have at least 2 partners at all times.Is it necessary to audit an LLP?
If an LLP has a turnover of more than ₹40 lakh or has a total contribution by all partners of more than ₹25 lakh in the financial year, then audit is mandatory.Can a Non-Resident Indian (NRI) register an LLP in India?
An NRI may register an LLP as a partner of that LLP, so long as he/she follows FEMA rules and regulations.Can a foreign citizen become a partner of an LLP?
Yes, Foreign citizens can become partners of an LLP as long as one designated partner lives in India.Can LLP change to a Private Limited Company?
Yes, an LLP can convert into Private Limited Company after following the required legal procedures.What's the difference between an LLP and a private limited company?
An LLP has fewer compliance requirements, doesn’t pay any tax on dividends, but if you’re looking to raise funds and grow your business, the private limited company is a better option.What’s the difference between an LLP and a partnership firm?
LLP provides limited liability and operates independently as its own legal entity, while a traditional partnership does not.How much does it cost to register an LLP in India?
The total cost of LLP registration will depend on the professional fees charged by you as your own accountant, as well as any government fees you will need to pay, but generally, these costs will start from a few thousand rupees.Is LLP registration mandatory in India?
Yes, it is mandatory to register with the Ministry of Corporate Affairs (MCA) to form an LLP in India.Can LLPs raise money from investors?
LLPs cannot issue shares, but they can raise money by bringing in new partners and/or loans from partner(s).Is GST registration required for LLP?
An LLP must register for GST when its turnover exceeds the threshold prescribed in the GST Act or if it makes tax-deductible supplies.Can LLP own property?
Yes, an LLP can own both movable and immovable property under its own name.Can LLP be shut down or dismissed?
Yes, an LLP can technically be dismissed voluntarily if the LLP has no debts and follows the legal process.Is LLP good for start-up companies?
Yes, service-based startups and Professional businesses find LLPs beneficial.How many partners must be designated in an LLP?
The minimum number of designated partners is 2.Does LLP need to have a registered office?
Yes, an LLP must have a registered place of business in India.Can I change my LLP name after it has been registered?
Yes, LLP can change its name by following the MCA name approval process.Do I need to file annual returns for LLP?
Yes, every LLP must file Form 11 and Form 8 each year.Is PAN mandatory for LLP registration?
Yes, PAN is mandatory for Indian partners and for the LLP entity.What makes Us Different
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