Wednesday 10 April 2019

MCA UPDATE - Amendment in LLP Rules, 2009


Ministry of Corporate Affairs (MCA) has taken a step further for ease of doing business. Starting a business in India has been made easier. MCA has re- engineered the process of Incorporation of Limited Liability Partnership. Following are the major changes:

Reservation of Name:
  1. Form RUN-LLP is introduced for reserving name of proposed LLP and for conversion into LLP.
  2. Form RUN-LLP can be re-submitted within 15 days from the date on which it is marked for re-submission

Incorporation of LLP
  1. Application for incorporation of LLP is to be made in Form No. FiLLiP.
  2. Applicants have an option of filing form for reservation of name. Applicant can either proceed with Form RUN-LLP or Form No. FiLLiP
  3. Consent to act as Partner or Designated Partner shall be filed in Form FiLLiP
  4. DIN/DPIN of the proposed 2 designated partners can be applied in Form FiLLiP
  5. The 2 resubmissions are allowed for Form FiLLiP  and the period for re-submission of documents shall not exceed 30 days
  6. The certificate of Incorporation of LLP will be issued by CRC in Form 16.

Changes in Rule 18 pertaining to name guidelines for LLP are as follows:

Rule 18(2)(viii) omitted​:​​  Abbreviated name of company based on the name of the promoter will be allowed.

Rule 18(2)(xiv) omitted​: There is no need to show the scope, scale of activity in the name of Company while incorporation and change in name.

Forms:

Form RUN-LLP, Form FiLLiP, Form 5, Form 17, Form 18 forms will be processed by Central Registration Centre for and on behalf of the jurisdictional registrar.

The above amendment will be effective from 2nd October, 2018


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