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LLP Incorporation Process: After Amendment
The date 2nd of October is not only the birthday of Honorable Mahatma Gandhi ji but also a very crucial day as the Limited Liability Partnership (LLP) Second Amendment Rules, 2018 is to be effective from this date.
Earlier, LLP Form 1 was used for reservation of name of LLP. Now the form is to be replaced with RUN-LLP (Reserve Unique Name-Limited Liability Partnership) web-form. It is not that only one name can be given for reservation. One is allowed to give 2 names in Form RUN-LLP.
In case of any changes or mistakes, one resubmission is allowed in Form LLP-RUN with 15 days time from intimation.
Since the Clause (viii) and (xiv) of Rule 18 omitted are now omitted the name of LLP need not necessarily be indicative of its resources and even abbreviation can now be used.
LLP Form 2 which was earlier used for registration/incorporation of LLP shall be replaced by Form FiLLiP (Form for incorporation of Limited Liability Partnership) for incorporating LLP. This form also provides facility for the reservation of name of LLP. DIN/DPIN can also be applied through the same form i.e. Form FiLLiP.
To summarise, Form FiLLiP can also be used as the single form for name reservation, DIN application and LLP incorporation.
In case of FiLLiP two resubmissions are allowed. The time for resubmission is 15 days from intimation each time subject to a maximum of 30 days resubmission period.
Name reservation and Incorporation of LLP is to be handled by Central Registration Centre (CRC), Manesar. This makes Incorporation of LLP to be centralised henceforth.
Central Registration Centre (CRC), for the purposes of this sub-rule, means the office of Central Registration Centre as established under sub-sections (1) and (2) of section 396 of the Companies Act, 2013 (18 of 201.3) by the Government of India vide notification number. S.O. 218(E), dated 22nd January, 2016
Certificate of Incorporation of LLP is given by CRC in Form 16.
The work relating to following Forms is also done by LLP:
- Form 5 (Notice for Change of Name of LLP),
- Form 18 (Application for conversion of Pvt./Unlisted Public company to LLP) and
- Form 17 (Application for conversion of the firm to LLP) they are also taken care by CRC, Manesar.
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