Process of registration for LLP / Company
Introduction
Setting up a company or Limited Liability Partnership (“LLP”) in India is a significant endeavor that holds immense potential for entrepreneurs and business enthusiasts. India’s dynamic and rapidly evolving business landscape, combined with a burgeoning consumer market, offers a myriad of opportunities for those looking to establish a presence in the country.
Whether you opt for the traditional structure of a company or the more flexible framework of a LLP, navigating the regulatory landscape and understanding the intricacies of doing business in India is crucial. In this introductory exploration, we will delve into the key aspects and considerations involved in setting up of a company or LLP in this diverse and thriving business environment.
- Check the availability of the name / registered trademark for the incorporation of the company. Further to this, reserve the name of the proposed company through the online service RUN on the MCA website. The name can also be applied through SPICe+.
- Obtain Digital Signature Certificate (DSC) for at least one proposed designated Directors of the Company. DINfor proposed Directors can only be applied for through form SPICe+.
- Form INC 32(SPICe+) is to be duly filled and submitted to RoC for the incorporation of the company. PAN and TAN shall be auto generated based on details filed in the SPICe+ form.
- Filing of electronic Memorandum of Association (eMoA – INC 33) in SPICe+. For foreign subscribers’ physical MoA to be executed and attached.
- Filing of electronic Articles of Association (eAoA- INC 34) in SPICe+. For foreign subscribers’ physical AoA to be executed and attached
- SPICe+ upload and fee payment is confirmed by MCA.
- The Central Registration Centre (“CRC”) verifies/ scrutinizes all the documents and forms and may suggest a few changes to be made in the attachments or the form itself. One needs to make necessary changes accordingly.
- Obtain the certificate of incorporation (“CoI”). CIN, PAN & TAN numbers are allotted at the time of registration.
- A company having share capital is required to file a declaration of receipt of subscription amount and verification of registered office within 182 days of incorporation and prior to commencement of business.
- Obtain class 2 or class 3 DSC for designated partners of LLP.
- For a quick search on already existing names of LLPs a facility is provided by the Ministry of Corporate Affairs (“MCA”) to check a list of similar/closely resembling names of existing companies/LLPs. A trademark is also to be checked.
- Filing the proposed name of LLP for approval from the Registrar of Companies through RUN – LLP can also be done through FiLLiP.
- FiLLiP is to be duly filled and submitted to ROC for incorporation of LLP. For Foreign LLP (“FLLP”) Form 27 is to be filed in and digitally signed by FLLP (DPIN must be obtained through FiLLiP.
- Form 3(Information regarding LLP agreement and changes, if any made therein) is to be filled within 30 days of incorporation of LLP.
How we can help?
We can facilitate the seamless formation of your company or LLP in India by providing expert guidance on regulatory compliance, documentation, and legal procedures, ensuring a smooth and hassle-free establishment process. Our team is dedicated to simplifying the complexities of Indian business regulations and helping you kickstart your venture successfully.
For more information or queries, please email us at
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