LLP Registration in Kolkata
Thinking of starting a business in Kolkata?
Kolkata is a city full of energy. From street markets to modern offices in Salt Lake and New Town, Kolkata has everything. Every year, many small shops, family businesses, and new-age startups begin their journey here. If you are planning to start a business, you need a structure that’s simple to manage but also keeps your personal assets safe - LLP registration in Kolkata is the perfect choice.
An LLP works like a regular partnership but with a safety net. You and your partners can run the business your way, make quick decisions, and adapt as your venture grows. At the same time, your personal belongings like savings, property, or other assets are generally safe if the business faces losses or debts.
What is an LLP?
A Limited Liability Partnership (LLP) is a hybrid type of business structure that combines the elements of a partnership and a private limited company. It offers its partners the advantage of limited liability protection against liability, while allowing them the flexibility to manage their business according to the agreed terms outlined in the LLP agreement.
LLP Regulation in Kolkata
LLPs in Kolkata are governed by the Limited Liability Partnership Act, 2008. The following authorities regulate and govern LLPs in Kolkata.
- The Ministry of Corporate Affairs (MCA) is the top body that looks after all LLPs across India.
- The Registrar of Companies (RoC) in Kolkata takes care of registering your LLP and making sure it follows the rules.
- For taxes, including PAN, TAN, and filing income tax returns, the Income Tax Department is the authority you need to comply with.
- Goods and Services Tax (GST) Department is the main authority for GST registration for your LLP.
Why Kolkata Entrepreneurs Love LLP Registration?
- You can start small, with just a few thousand rupees, and scale your business later.
- Partners can decide how profits are shared and how decisions are made, as specified in the LLP agreement.
- The compliance and paperwork are simpler than those of a private limited company, saving time and costs.
- Whether you’re running a local shop, a tech startup, or a consultancy, an LLP provides flexibility to run a business.
Eligibility Criteria for LLP Registration in Kolkata
- At least two partners are required to form an LLP. There is no maximum limit.
- 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 Kolkata.
Benefits of LLP Registration in Kolkata
- Start with low investment: There is no strict requirement for a minimum capital for LLP. You can start your LLP with a small amount.
- Partner protection: In an LLP, you are only responsible for the money you put in. Your personal savings, property, or belongings are generally safe if the business runs into trouble.
- Separate identity: The LLP exists on its own, separate from the partners. It can own property, sign contracts, and even be taken to court, or take someone to court in its own name.
- Fewer compliances: Compared to private limited companies, LLPs are easier to manage. There are fewer rules, fewer forms to file, fewer compliances to comply with, and less hassle overall.
- Tax-friendly: LLPs get some tax benefits. For example, there is no dividend distribution tax, and in many cases, income tax rates are lower than for companies.
Documents Required for LLP Registration in Kolkata
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 Kolkata
- 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 LLP in Kolkata
|
Compliance |
Due Date / Details |
|
Annual Return Form 11 |
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. |
|
Must be filed with the Income Tax Department before the due date each year. |
Why Choose Kanakkupillai for LLP Registration in Kolkata?
Registering an LLP in Kolkata 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.
- Technology-Driven Process - Kanakkupillai uses an online system that simplifies documentation and tracking, saving effort and resources for the partners.
Frequently Asked Questions
Can I convert my existing partnership firm into an LLP?
Yes, existing partnership firms can be converted into LLPs by following the procedure as mentioned above.How is profit shared in an LLP?
Profit sharing is decided by the partners and clearly mentioned in the LLP agreement. There is no fixed rule from the government—you have the flexibility to decide.Can an LLP have foreign investment?
Yes, LLPs can receive foreign investment under the Foreign Direct Investment (FDI) policy, subject to RBI and government guidelines.What happens if a designated partner leaves the LLP?
The LLP continues to exist. The LLP agreement and Form 3 filings are updated to reflect the change. The new designated partner can be added without dissolving the LLP.Is it mandatory to conduct an audit for all LLPs?
No. An audit is only required if the LLP’s capital contribution exceeds ₹25 lakh or its annual turnover exceeds ₹40 lakh. Smaller LLPs can skip the audit.Can an LLP be registered with multiple business activities?
Yes. You can list multiple business activities in your LLP registration. This is useful if you plan to run diverse services or products under the same LLP.How can I dissolve an LLP in Kolkata?
LLPs can be dissolved through voluntary or compulsory winding-up under the LLP Act, 2008. Voluntary dissolution requires passing a resolution and filing the necessary forms with the RoC.What makes Us Different
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