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Eligibility criteria for conversion: In order to qualify for such conversion, it’s important to ensure:

  • No security interest on its assets is subsisting
  • Members of company shall become partners of LLP
  • No charges should be pending against the company
  • All members of company must consent for such conversion to LLP
  • Approval of all secured creditors required

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About

While both of the corporate vehicles, be it a private company or LLP, attracts less compliance requirements as compared to a public company. However, when we look into the point of differences between the two, its pertinent to know that where private companies, requires a formal board structure and regulated processes, the degree of flexibility under LLP structure is additional along with comparatively less burdensome procedures.

Eligibility criteria for conversion: In order to qualify for such conversion, it’s important to ensure:

  • No security interest on its assets is subsisting
  • Members of company shall become partners of LLP
  • No charges should be pending against the company
  • All members of company must consent for such conversion to LLP
  • Approval of all secured creditors required

Document Required

  1. Details of consent of shareholders
  2. Details of consent of secured creditors
  3. Statement of Assets and Liabilities
  4. Copy of latest income tax return
  5. Photograph, PAN Card & Identity proof of all proposed partners
  6. Electricity Bill or any other utility bill for the address proof of registered office
  7. Proposed designated partner’s DSC

What You Get

  • Professionally drafted documents including resolution, minutes, and other relevant papers
  • Name approval
  • Complete drafted LLP agreement and LLP incorporation certificate
  • Copy of E-form 18 along with paid challan 
  • Copy of E-form 3 along with paid challan 
  • Copy of E-form 14 along with paid challan 
  • Changes in MCA records

Advantage

Business houses may choose LLP owing to the various benefits it offers. Some of them are enlisted below:

Flexibility in operations: LLPs have an edge over companies, when comes the question of flexibility. Further, it helps in fast decision making.

Less compliance requirements: Owing to comparatively less compliance and disclosure requirements, makes LLP a favored business vehicle.

Easy to manage: LLPs are solely managed by its partners and there are no as such demarcations between directors and members. Moreover, LLPs operations are governed by LLP agreement, making it easy to manage.

Time Duration

  • File application for reservation of name using RUN-LLP
  • File form FiLLiP with ROC for incorporation of LLP within 3 months
  • File an application in Form-18 (conversion application)
  • File Form-3 (LLP agreement) within 30 days from the date of incorporation of LLP
  • File Form-14 within 15 days from the date of conversion

Faq's

Q1. What are the benefit of LLP over private company?

LLPs are considered as the hybrid of a company and a partnership firm. Thus, ensures flexibility in its operations along with limited liability. LLPs involves lesser compliance requirements as compared to a company.

Q2. What is the validity period of name reserved for LLP?

The name reserved by using RUN-LLP portal, shall be reserved for a period of 3 months, once approved.

Q3. Are there any compliances required for transfer of assets and liabilities for effecting conversion to LLP?

All the assets, liabilities, contracts or obligation existing with the company before conversion shall automatically vest with LLP after conversion.

Q4. What are the annual compliance requirements of LLP?

LLPs are required to file certain annual forms such as:

  • Annual Return in Form-11 within 60 days of closer of financial year i.e. on or before 30th May every year.
  • Statement of Accounts and Solvency in Form-8 on or before 30th October.
  • Income tax return must be filed on or before 31st July of every year. However, if accounts are subject to audit then, file income tax return on or before 30th September.

 

Interested? Ezzus India, has a dedicated team to help you out in your compliance journey.