LLP Registration in Guwahati
Guwahati, being the largest city of Assam, is rapidly emerging as a growing hub for small businesses, startups, and innovative businesses. The city is expanding its commercial zones to various sectors like trade, Information Technology, tourism, and manufacturing. A Limited Liability Partnership (LLP) is an ideal choice for those looking for a flexible and secure business structure. It combines the advantages of a partnership with the legal protection of a registered company, with simple compliance and cost-effective operations.
The process for incorporating an LLP in Guwahati is simple and can be completed completely online through the MCA portal. At the initial step, you need basic documents like PAN, Aadhaar, and proof of address of the business.
What is an LLP?
A Limited Liability Partnership (LLP) is a type of business where two or more partners manage the firm as per mutually decided terms and arrangements. The main benefit of the LLP is that personal assets of the partners are safe, even if the business faces losses or debts.
LLP is best for:
- Startups and small businesses
- Service and consultancy firms like law firms, accounting firms, IT services, and advisory services
- Family-owned businesses
- Existing partnership firms
- Businesses that are planning to raise capital
Features and Advantages of LLP Registration Guwahati
- An LLP is its own legal entity. It can own property, sign contracts, and deal with legal matters in its name.
- The partners are protected with limited liability. They are only responsible up to the amount they invest.
- You don’t need heavy funds to start. There is no minimum capital requirement, so even small businesses can form an LLP.
- Running an LLP is cost-effective, and the annual compliance is easier compared to a private limited company.
- LLPs don’t have to pay dividend distribution tax, which reduces the overall tax burden.
Why is LLP Better than a Partnership Firm and a Private Limited Company?
| Aspects |
LLP |
Partnership Firm |
Private Limited Company |
|
Liability |
Limited liability Partners are responsible only for their contribution. |
Unlimited liability The Partners’ personal assets are at risk. |
Limited liability Shareholders are responsible only for their shares. |
|
Legal Entity |
Separate legal entity |
Not a separate entity |
Separate legal entity |
|
Compliance |
Moderate compliance: Annual filing of Form 11 (Annual Return) and Form 8 (Statement of Accounts & Solvency), Filing of the Income Tax Return and LLP agreement updates via Form 3 for any changes in partners or address |
Low compliance: Basic bookkeeping, Filing of the Income Tax Return annually. No mandatory filings with RoC. |
High compliance: Annual General Meeting (AGM), Board Meetings, Annual Return (Form MGT-7), Financial Statement filing (Form AOC-4), Income Tax Return, audits and adherence to the Companies Act, 2013 and its allied rules. |
|
Cost of Setup |
Affordable, no minimum capital required |
Very low setup cost |
Higher cost; No minimum capital required |
|
Continuity of Business |
Perpetual succession; business continues if partners change |
Dissolves if a partner leaves or dies |
Perpetual succession; continues despite changes in shareholders |
|
Taxation |
No dividend distribution tax. Profits of the firm are taxed at a flat rate of 30% |
Profits taxed as personal income of partners |
Subject to corporate tax + dividend distribution tax on profits |
|
Ease of Raising Capital |
Can add partners easily or bring external investors |
Harder to raise funds due to the informal structure |
Can raise equity easily, but more formalities are involved |
Eligibility Criteria for LLP Registration in Guwahati
- At least two partners are required to register an LLP. There is no maximum limit on the number of partners.
- One of the partners must be a resident of India.
- One of the Designated Partners must be an Indian resident
- At least one of the designated partners must have a DSC.
- After the incorporation, at least one of the Directors has to obtain a DIN (Director Identification Number) from the MCA.
- The proposed LLP name must be new, unique, and not similar to the name of any existing company or LLP registered under MCA.
- The LLP must have a registered office address in Guwahati.
Documents Required for LLP Registration in Guwahati
1. For Partners and the Designated Partners
- PAN Card
- Aadhaar Card or any government-issued ID proof
- Address proof, including Utility bills (6 months), bank statement, or rental agreement of all partners and the Designated Partners
- Recent passport-sized photographs
- A Digital Signature Certificate is required for at least one designated partner.
2. For LLP Registration
- Proposed LLP name approval from the MCA.
- LLP Agreement specifying the roles and responsibilities of partners and the Designated partners.
- Provide proof of the registered office address of the LLP. You can attach the rent agreement/ property ownership document/ lease agreement, or even utility bills.
- A no-objection certificate from the property owner if the office is rented.
Online Process of LLP Registration in Guwahati
- Obtain DSC: At least one of the designated partners must acquire a DSC.
- Reserve the name: Use the MCA portal to apply for name approval for your LLP. Once the name is approved, it is reserved for three months from the date of approval.
- File the LLP Form: Fill and prepare the Form “FiLLiP” for LLP incorporation and file it online on the MCA portal.
- Verification by the RoC: The RoC will review your application and documents. If everything is in order, your LLP will receive a Certificate of Incorporation.
- LLP Incorporated: Within 30 days of incorporation, draft the LLP agreement and file it with the RoC in Form 3.
- Apply for PAN and TAN: After incorporation, apply for PAN and TAN for your LLP.
Annual Compliances for LLPs in Guwahati
|
Compliance |
Due Date / Details |
|
Annual Return |
Filed with the Registrar of Companies (RoC) by 30th May every year. |
|
Statement of Accounts Form 8 |
Submit a summary of accounts to the RoC by 30th October every year. |
|
Audit Requirement |
Required if the capital contribution is more than ₹25 lakhs, OR The annual sales are more than ₹40 lakhs. |
|
Update Changes in LLP Form 3 |
Any change in the LLP (e.g., adding/removing a partner) must be updated in the LLP agreement and filed with the RoC. |
|
Income Tax Returns |
Must be filed with the Income Tax Department before the due date each year. |
Why Choose Kanakkupillai for LLP Registration in Guwahati?
LLP registration in Guwahati can be confusing without expert help, especially when dealing with MCA filings, RoC checks, and legal paperwork. Kanakkupillai makes the process simple by providing:
- Expert Guidance - Kanakkupillai has a team of professionals specializing in corporate registrations and compliance. We are here to help you with everything from name approval to incorporation.
- End-to-End Support - The process, including filing FiLLiP, drafting LLP agreements, and getting the Certificate of Incorporation.
- Transparent Pricing - Affordable packages without hidden costs.
- Dedicated Relationship Manager - Clients receive personalized assistance at each stage of registration for better communication and guidance.
- Tax and Legal Advisory - Post-registration, our team also provides support in GST registration, PAN/TAN application, and annual filings, ensuring full compliance with the law.
Frequently Asked Questions
Why is an LLP preferred over a private company in Guwahati?
An LLP offers the flexibility of a partnership and the legal protection of a company. For small businesses and startups in Guwahati, it is cost-effective, requires less compliance, and still provides credibility with banks and investors.Can I include family members as partners in an LLP?
Yes. LLPs are ideal for family-run businesses. You can assign roles, responsibilities, and profit-sharing ratios as per your LLP agreement, making management smooth and transparent.What documents are needed for the registered office in Guwahati?
You need proof of the office address, such as a rental agreement, lease deed, property ownership document, or utility bills. If the office is rented, a no-objection certificate from the property owner is required.Can I change the partners in my LLP after registration?
Yes. LLPs allow flexibility to add or remove partners. Changes must be updated in the LLP agreement and filed with the RoC using Form 3.Do LLPs need audits in Guwahati?
An audit is required only if the capital contribution exceeds ₹25 lakhs or the annual turnover exceeds ₹40 lakhs. Otherwise, LLPs are exempt, which reduces costs for small businesses.Can LLPs apply for government contracts in Guwahati?
Yes. LLPs are recognized legal entities and can participate in tenders, government contracts, and business opportunities that require formal registration and legal credibility.Is it possible to convert an existing private company into an LLP in Guwahati?
Yes. Existing private companies or partnership firms can be converted into an LLP by filing Form 17 and other required documents with the MCA. Conversion helps reduce compliance and offers better flexibility.Can an LLP have corporate or foreign partners?
Yes. LLPs in India can include corporate entities or foreign partners, provided at least one designated partner is an Indian resident. This is useful for joint ventures and collaborative businesses in Guwahati.What makes Us Different
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