Tag Archive : Certificate of commencement of business under company act 2013

LLP Registration Process Guide- Step By Step

LLP stands for Limited Liability Partnership, and it is a type of partnership firm where partners have limited liability. LLP registration process in India is straightforward and can be completed in the following steps:

Step 1: Obtain Digital Signature Certificate (DSC)

The first step in the LLP registration process is to obtain a digital signature certificate (DSC) for all the designated partners. A DSC is required to sign the online registration documents.

Step 2: Obtain Designated Partner Identification Number (DPIN)

Every designated partner of an LLP is required to obtain a designated partner identification number (DPIN) from the Ministry of Corporate Affairs (MCA). This is a unique identification number that is required for filing the LLP registration documents.

Step 3: Reservation of Name

The next step is to reserve a unique name for your LLP. This can be done by filing Form LLP-RUN (Reserve Unique Name) with the MCA. The name should be unique and should not resemble any existing company or LLP.

Step 4: File Incorporation Documents

Once the name is approved, the next step is to file the LLP incorporation documents with the MCA. The documents required for LLP registration include Form LLP-INC 32 (Incorporation Document and Subscriber’s Statement), Form LLP-INC 33 (LLP Agreement), and Form LLP-INC 34 (Statement of Consent and Appointment of Designated Partners).

Step 5: Obtain Certificate of Incorporation

After submitting the LLP incorporation documents, the MCA will verify the documents and issue a certificate of incorporation if everything is in order. The certificate of incorporation is the final document that confirms the formation of the LLP.

Once the LLP is registered, it is mandatory to file annual returns and other compliance documents with the MCA to maintain the LLP’s status.

That days now gone in which companies are once obtain the certificate of incorporation and start their business without obtaining the “Certificate of Commencement of Business”

As per new Section 10A of the the companies Act 2013 (Amended), each company incorporated on or after 2nd Nov 2018 is required to obtain the certificate of commencement by filing the INC-20A.

However, by filing INC-20A, no as such certificate is issued by the registrar of companies. Only acknowledgement of filing of INC-20A is equivalent to certificate of Commencement.

Now, the question is that who is required to obtain the Certificate of commencement:

Each Company incorporated on or after 2nd Nov 2018 is required to obtain the certificate of commencement with 180 days from the date of incorporation.

Proof of Contribution of Subsription amount is required to be attached with the form and form is required to be certified by CA/CS/CWA.