New Limited Liability Partnership Amendments: Effective From Oct 2018

Narendra Kumar

27 Jan, 2021

With a revamp in company’s registration process and the introduction of the easy incorporation procedure, slowly even the new Limited Liability Partnership registration in India has been eased now. The latest amendment and the changes introduced are very much in line with the simplified incorporation procedure of the company. The MCA has notified the new Limited Liability Partnership amendments (Limited Liability Partnership Second Amendment) Rules 2018, whereby certain forms have been introduced in substitution of previous one. Let us understand the changes in the LLP registration process one by one. The amended Limited Liability Partnership Rules shall come into force w.e.f. 2 Oct. 2018. This article is explaining about New Limited Liability Partnership Amendments.

Changes introduced are as follows:

Limited Liability Partnership Form Run-Limited Liability Partnership:

For the purpose of checking name availability from RUN- Limited Liability Partnership has been introduced instead of Form 1.

Form RUN- Limited Liability Partnership is to be processed by CRC, as per amended Limited Liability Partnership Rules.

Limited Liability Partnership Form FiLLiP

For the purpose of incorporation of the Limited Liability Partnership, the Form FiLLiP has been introduced instead of Form 1. The Form Fillip is to be filled and application is required to be made before the CRC.

Incorporation of new LIMITED LIABILITY PARTNERSHIP without checking name availability:

Now likewise company name can be applied along with the incorporation from SPICE 32 for new company incorporation, same can also be done for Limited Liability Partnership also through form Limited Liability Partnership Form FiLLiP

Incorporation of new LIMITED LIABILITY PARTNERSHIP after checking name availability:

However in case if you wish to do the name check first and then incorporate the Limited Liability Partnership, that is also possible, in that case, the Limited Liability Partnership registration procedure shall be as stated in below step:

1. Apply for Name availability in the Form RUN- Limited Liability Partnership.
2. Thereafter for incorporation, fill in LLP Form FiLLiP, and provide the already approved name in the column proposed name.
3. Fill in the form, attach necessary documents and submit it.
4. After due scrutiny, if all goes well the Limited Liability Partnership incorporation certificate shall be granted to you.

The incorporation document shall be filed in Form FiLLiP with the Registrar having jurisdiction over the State in which the registered office of the limited liability partnership is to be situated along with fee as provided in Annexure ‘A’:

If an individual required to be appointed as a designated partner does not have a DPIN or DIN, application for allotment of DPIN shall be made in Form FiLLiP:

Also in such case, the application for allotment of DPIN shall not be made by more than two individuals in Form FiLLiP:

An application for reservation of name may be made through Form FiLLiP.

Authority to process the Form Run Limited Liability Partnership Forms 5, 16, 17, 18, 19 have been amended/ substituted:

Following forms are required to be processed by the Registrar, Central Registration Center (CRC) for and on behalf of the jurisdictional Registrar:

1. Form RUN-LLP (Reserve Unique Name-limited Liability Partnership),
2. Form FiLLiP (Form for incorporation of Limited Liability Partnership),
3. Form 5
4. Form 17 and Form 18 (Form 17 and 18 pertains to the conversion of a Limited Liability Partnership).

Examination by the Registrar:

While doing the examining of the Form FiLLiP, it is necessary to call for further information or finds such application or document to be defective or incomplete in any respect, the registrar shall give intimation to the applicant to remove the defects.

The re-submission must also be done with the registrar shall within fifteen days from the date of such itimation given by the Registrar.

After re-submission of the document, if the Registrar still finds that the document is defective or incomplete in any respect, he shall give one more opportunity of fifteen days time to remove such defects or deficiencies:

However, note that the total period for re-submission of documents shall not exceed thirty days.

Form 16 The Certificate of Incorporation:

The Certificate of Incorporation of limited liability partnership shall be issued by the Registrar in “Form 16.”

Fees for application:

Fees for making the application for Incorporation is provided in Annexure ’A’.

The website for Application:

The website for the Limited liability Partnership form is www.mca.gov.in

We are engaged in the end to end services of Limited Liability Partnership registration, company registration, change of ROC, conversion from Limited Liability Partnership to Company and all such related matters pertaining to the Limited Liability Partnership and company.

To know more or establish contact our Enterslice website.