Limited Liability Partnership / LLP Registration in India

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Total cost with break down for Limited Liability Partnership

ConsultancyFREE

Name Availability search FREE

Government FeeRs 1750.00

2 DSCsRs 2000

PAN & TAN FeeRs 170

Professional fees Rs 4580.00

TotalBuy Now Rs 8500.00

*Above mentioned government fees is calculated on minimum capital of Rs 1,00,000.
**Stamp duty Extra for States: Punjab, Kerala, Madhya Pradesh

LIMITED LIABILITY PARTNERSHIP (LLP) REGISTRATION IN INDIA

A Limited Liability Partnership, popularly known as LLP has been introduced in India by way of Limited Liability Partnership Act, 2008. It combines the advantages of both, a company as well as a partnership into a single form of organization. In a LLP, one partner is not liable for another partner’s misconduct or negligence; this being an important difference from that of an unlimited partnership. It is an alternative corporate business which provides the benefits of limited liability of a company, but allows its members the flexibility of organising their internal management on the basis of a mutually arrived agreement, as is the case in a partnership firm. Register LLP Company Registration with Company vakil.

All partners in a LLP have limited liability whereas in a traditional partnership firm the partners have unlimited liability.

Low registration fee and easy maintenance makes LLP a first choice for many of the small businesses in India.

A LLP is easy to establish and its registration process is quite flexible as such procedure does not impose detailed legal and procedural requirements. Also the process of registration of a LLP is quick as compared to that of a Company.

However, a minimum of two partners is a must to form a LLP. The process of registration is initiated online by the partners. They need to file all the documents online. Such documents include PAN Card/ID Proof of the Partners, Address proof of the registered office of the LLP, Address proof of the partners, etc.

Such form of partnership is best suitable for small and medium sized enterprises.

The detailed registration procedure is explained further.

 

 

REASONS FOR LLP FORMATION IN INDIA

 

  • Low cost of Registration - Firstly, registration and formation of a Limited Liability Partnership involve very low costs and expenses as compared to that of a company or a traditional partnership firm.
  • Flexible Structure of business - Limited Liability Partnership is the most flexible form of business where the partners frame the rules for its governance.
  • Perpetual Succession for partners - The registration of LLP gives it a separate status of a legal entity, i.e. a legal entity separates from its partners. So, this gives the LLP perpetual succession, i.e. the perpetual existence of LLP irrespective of changes in partners.
  • No Minimum Capital Requirements for LLP Registration - For the purpose of registration, there is no such minimum capital requirement for an LLP. Basically, you can start your business even with Rs.5000 capital. This is because people normally face the capital crunch in the beginning. Further, the cost of registering the LLP is also very reasonable. It is an internationally renowned form of business in comparison to a Company and it can be easily registered online.
  • No Partner limit - There are no restrictions as to maximum number of partners in a LLP, so even if there are 2 partners in the LLP, they can register it successfully.
  • Government Subsidies - Registering the LLP helps in getting certain subsidies and reliefs from the government like tax exemption. Unlike a company, no tax is levied on profit distributed to the partners.
  • Limited Liability of Partners - Selecting LLP as a mode of business, limits the liabilities of the partners of the LLP i.e. the personal assets of the partner are not exposed except in case of fraud. No partner in a LLP shall be liable for the misconduct of the other partner(s), i.e. each partner is protected against the actions of the other partners which results in a lawsuit.
  • Easy to register an LLP - Since you are a business and looking for a new beginning, then you will be happy to know that registering LLP is easy and smooth. The necessity for LLP registration is basic and easy to understand. The basic requirement is to 2 partners out of which one must be a resident of India. The registered office should be within the territory of India.
  • The Easiest form of business – Easy to operate - LLP is the uncomplicated form of business as there are few obligations on the partners and all the duties and liability of partners are declare in the partnership deed. It is easy to control and conduct.
  • In private limited company, you require board resolutions to be passed for taking any conclusion; however, no such need is there in LLP, though the decision is still taken by the majority or in consonance with the LLP agreement.
  • Lesser compliances than Private Limited Company - Once you have registered an LLP there are few compliances you need to follow. For new businesses, it is the faultless start. No need to worry about the general meeting, annual general meeting, board meetings etc. You can manage your business peacefully without many formalities.
  • Similarly, the partners can decide and organize their internal management mutually which will be in the LLP agreement. Only two forms are required to be filed annually, i.e. Form 8 and Form 11.
  • The separate legal entity i.e. separate person in the eyes of law - As a separate legal entity, you have the ability to sue under the LLP and not the partners. An LLP can sue and be sued by others. Partners are not liable in the case of LLP in any legal case.
  • Protection from debts – Personal assets remain safe - The partners are protected from the debts of the LLP. In other words, the partners will not be responsible personally for the debts of the business. This is another example of limited liability.
  • If your business is under debt that has to be returned then you being a partner will not be held responsible for it personally.
  • Partner not responsible for the act of another partner - This is the most practical and reasonable of all. The law says that if in an LLP a partner commits a fraud then the other partners will not be held responsible for his act.
  • Similarly, if any of the partners was negligent or careless and some loss was incurred then that particular partner has to bear the losses
  • Separate Cibil score - In LLP partner is an agent of the business hence the cibil score of business and partners are different. The partners individually will have a different cibil score and the LLP will have different. Hence, even if the partners have a bad cibil score, the same shall not have an impact on the cibil score of the LLP.
  • Loan to partners - In company law, a company cannot provide a loan to its directors as it is restricted by law. However, in LLP, it is not the case. Under LLP, the business can provide a loan to its partners if the same is allowed by the LLP agreement.
  • Easy to wind up - If anything goes wrong in LLP and you plan to end the business/partnership you can do so without as many formalities. Winding up of an LLP can be either voluntarily or by a tribunal.
  • Relaxation in filing and applicability of penalties - The statutory provisions require LLP to present documents such as the statement of accounts and solvency (SAS) and the annual declaration (AR) and communications relating to changes between partners, etc. within the period specified in the relevant provisions. The law contains provisions to allow LLPs to present these documents after their deadlines in paying additional fees. It has been established that, in the event that LLPs submit relevant documents after their deadlines with ancillary commissions up to 300 days, no action will be taken against them. In the event that a delay of at least 300 days occurs, the LLP will be required to pay the normal deposit fees, additional costs and will be processed. The law also contains provisions for the capitalization (settlement between the defendant and the department without any type of competition) of offenses punishable only by a fine.
  • Salient features of an LLP that will make people register for it - 
  1. It can continue to exist regardless of the changes in the partners, that is to say, that it has an everlasting succession just like a company. If the shareholders change in a company, it does not affect the existence and legal status of the Company. Likewise, the change in partners does not imply any change in the legal status of an LLP.
  2. An LLP can enter into contracts and own properties in its own name
  3. An LLP is a separate legal entity and is liable to the extent of its assets; however, the liability of the partners is limited to their beneficiation agreed in the LLP. This is similar to a Company, where a shareholder is liable for the debts of the Company only to the extent that the share capital to which he contributed may be used to pay the creditors. LLP creditors cannot, under normal circumstances, claim the personal assets of the Partners of the LLP incase the LLP is unable to pay its debts.
  • LLPs for a particular venture - Since LLPs are governed by the LLP agreement, it is possible for LLPS to provide suitable clauses in such agreement to fix time limits for the duration of the LLP in the LLP agreement. In such cases, after the awareness of the objectives of the venture, the LLP could either be wound up, or the provisions for striking off of the name of the LLPs can be used, instead of the winding up provisions. For eg. : ABC LLP is established only to conduct four batches of a management course (of 3 months per batch) over a one year period. After the 4 batches are completed, the LLP can either be 1. Wound up or 2. Its name could be struck off the register of LLPs bringing its existence to an end if the LLP agreement states that the existence of the LLP is to come to an end after one year of operation.
  • Lesser compliance - The compliances that must be made under the LLP act are less than the limited liability company. For example, there is no provision to hold a meeting, in fact, it is not even mandatory to keep records of the meetings of the designated partners/partners. All LLP accounts are required to be controlled by a Ca. However, no obligatory checking of the accounts is required until the billing in any financial year exceeds Rs. 40,000.00 or the capital contribution exceeds Rs. 25,000.00.

 

 

PROCESS FOR LLP INCORPORATION IN INDIA

 

  • Acquire DPIN, Acquire DSC 
    DPIN stands for Designated Partner Identification Number. For obtaining DPIN for the partners, DSC – Digital Signature Certificate is required. After obtaining the DSC of the proposed partner, one can acquire the DPIN.
  • Register DPIN, DSC with LLP
    After obtaining the DPIN and DSC, it needs to be registered immediately. This embarks the registration of the proposed LLP.
  • Check Name Availability 
    Deciding an appropriate name for the business plays a crucial part of formation of LLP. So, an application for reservation of name is to be submitted to the Ministry of Corporate Affairs. Further, the application shall be scrutinized by the Registrar of Companies (ROC). Once the name selected is available then such application is approved. In case such name is registered by any other firm then selection of another name is to be made and submitted within a stipulated time of 60 days of notice of the rejection of name.
  • Download LLP Forms 
    After the approval of the name and all the necessary verification, one can download the LLP forms online. The form needs to be duly filled along with the submission of relevant documents including include PAN Card/ID Proof of the Partners, Address proof of the registered office of the LLP & its partners etc.
  • File electronically 
    The actual providing of information submission of documents takes place during filing for incorporation. The partners need to submit such information and documents within the prescribed time limit.
  • Track Status
    It takes time to process the application due to a number of application requests with the ROC. So, one needs to be patient enough to get their application processed. For this purpose, applicants are provided with the facility to track the status of their application online.
  • Receipt of Certificate
    Once the application is accepted, the Registrar issues the Certificate of Incorporation. After such issue, the LLP shall be considered to be registered.
  • LLP is ready to function 
    It takes time to process the application due to a number of application requests with the ROC. So, one needs to be patient enough to get their application processed. For this purpose, applicants are provided with the facility to track the status of their application online.

 

 

MINIMUM REQUIREMENTS FOR LIMITED LIABILITY PARTNERSHIP REGISTRATION IN INDIA

 

  • Two Partners
    A minimum of two partners are required for the registration of the LLP.
  • Designated Partners 
    Out of all the partners, two partners must be the designated partners.
  • Registered Office 
    The registered office of the proposed LLP must be situated in India.
  • Designated Partner to be resident of India 
    Out of the designated partners of the proposed LLP, at least one of them must be a resident of India possessing all the valid ID Proof for the purpose of obtaining DPIN.
  • No Capital Requirement 
    For the purpose of formation of a LLP, there is no such minimum capital requirement as compared to a Company.
  • Documents 
    Necessary documents are required for the purpose of registration. Such documents are PAN Card/ID Proof of the Partners, Address proof of the registered office of the LLP, and Address proof of the partners.

 

 

ADVANTAGES & BENEFITS OF LLP COMPANY REGISTRATION IN INDIA

 

  • LLP is very convenient:

LLP agreements are very convenient and easy to make. It is designed in such a way that it meets the needs of the partners. There are not many formalities that needs to be done for an LLP unlike any other company.

 

  • No requirement of minimum contribution:

Unlike other companies, LLP does not require any minimum contribution. It can be started with the least possible capital. An LLP can be started with any contribution by a partner in the form of tangible, intangible property or any kind of benefits to the LLP.

 

  • Can have unlimited partners in the business:

The LLP has no cap on the maximum number of partners. The minimum requirement of LLP is two partners and there is no restraint on the maximum number of partners. It can have any amount of partners.

 

  • LLP has a low registration cost:

Unlike other private and public companies, the LLP does not require a high registration cost.

 

  • Limited legal liability:

The partners of the LLP do not have unlimited legal liability. This is to say that is if an LLP is sued then the partners will have to only pay to the extent of their contribution in formation of the LLP. They do not have to pay an indefinite amount.

 

  • Easy to form an LLP

An LLP does not have much formalities to comply. Partners need to just fill out the registration form and submit it to the local secretary of the state. Also, the registration cost is also low unlike for other companies.

 

  • The partners have a much more flexible role:

In an LLP, the partners come together and decide what role they have to play and to what extent. If a partner does not want to be active in the management, then he can choose to do so. Hence, the roles become very flexible and is fixed at the desire of the partner. The distribution of profits is also decided at the will and consent of all the partners.

 

  • Legal status to LLP:

The LLP get the status of a legal person. By legal person, it means that LLP can perform all the functions of a person like buying and selling properties, and that it can enter into contracts and can sue and be sued.

 

  • There is no requirement of a compulsory Audit:

Other companies are required to audit their accounts. This is not so in the case of LLP. The LLP does not have to get their accounts audited. LLP needs to audit their accounts only when their contributions exceed Rs. 25 lakhs or when their annual turnover exceeds Rs. 40 lakhs.

 

  • Low compliance burden:

LLP’s have to face a very low compliance burden like other companies. Other companies need to have a minimum of eight compliances that needs to be duly completed and submitted. LLP has to submit only two statements, which is mainly Annual Return and Statement of Accounts and Insolvency.

 

  • DDT is not applicable in case of LLP:

Partners of the company are eligible to withdraw profits of the company as and when required.  In other companies, when the partners withdraw the profits of the company, they have to pay an additional 15% of tax in the form of Dividend Distribution Tax (DDT). However, this sort of tax liability is not present in LLP. A partner can easily withdraw profits from the company without requiring to pay any such tax.

 

  • Taxation on LLP.

There is no taxation on the income of the partners in case of LLP. Interest paid to the partners, or any kind of salaries payable to the partners and any incentives given to them are not taxable. Unlike LLP, the other companies have to pay taxes.

 

  • LLP are body corporates:

LLP get the status of body corporates i.e. they are termed as an identity different from that of its partners. The separate legal entity concept is followed in LLP where the company is distinct from its members. LLP is recognized by its name before the law and not by its partners. It can exist on its own unlike other companies.

 

  • LLP have a perpetual succession:

LLP will continue to exist till the company is winded up. The LLP will continue despite any change in the partners of the company. The partners may come and go but the LLP will stay till the time the company is winded up.

 

  • Transfer of Ownership:

LLP agreements can be easily transferred. The partners can leave or enter the LLP without any complications and formalities. The ownership of LLPs can be easily transferred.

 

  • Easy to raise funds:

In case of LLP, raising funds from investors is an easy process. Such raising of funds become difficult in case of small companies. LLP has high credit worthiness and funds from outside can be easily raised without facing any difficulty.

 

  • LLP is easy to dissolve:

When other companies face dissolution, there are lot of procedures that these companies need to comply in order to give effect to dissolution. On the other hand, LLP is very easy to dissolve. There are not much procedures and formalities involved. It can be dissolved by the consent of the partners or by the law.

 

  • Whistle Blowing:

When employees or partners provide any kind of material information during an investigation procedure, then these employees and partners are entitled to receive protection. But there is no such provision or benefit enjoyed by other companies. Only LLP are entitled to such provisions and benefits.

 

  • Properties of LLP are separate:

When other companies are not capable to meet their debts and liabilities, the partners’ personal assets are seized to meet the debts and liabilities. Since LLP is a body corporate and has an identity separate from its partners, the debts and liabilities cannot be met by seizing the property of the partners. The partners have limited liability only to the extent of their contribution towards the LLP.

 

  • Burden is not on a single person:

All the partners share the responsibilities and duties in LLP. The partners decide their roles and the duties that they have to perform. When this happens, the burden to perform the duties and responsibilities do not occur on the hands of one person. It is shared equally by all the partners.

 

  • Partners are not liable for the acts of other partners:

Partners are not considered to be agents of the other partners. Therefore, they are not liable for the acts of others. If a partner is liable for his act, other partners will not be held liable for his acts. They are not liable for the fraudulent acts of another about which they do not have any knowledge also. It safeguards the interest of each of the partners, individually.

 

  • Board meetings:

In LLP, the partners do not have to meet the requirement of holding four meetings in a year. The partners can hold a meeting as and when required according to the convenience of the partners and when the situations demand to hold the meetings. There is no mandate that the company has to hold four meetings in a year.

 

  • Low Formation and Registration charges

The cost and expenses of incorporation of a LLP is less as compared to those of a Company. The registration fees is also economic. Therefore it is easy to establish a LLP.

 

  • No minimum number of partners

There are no restrictions as to maximum number of partners in a LLP, so even if there are 2 partners in the LLP, they can register it successfully.

 

  • No minimum capital requirement

For the purpose of formation of a LLP, there is no such minimum capital requirement as compared to a Company. A LLP can be formed with the least contributed capital. Whereas in case of a Company there are minimum mandatory requirements.

 

  • Certain Tax exemptions

Registering the LLP helps in getting certain subsidies and reliefs from the government like tax exemption. Unlike a company, no tax is levied on profit distributed to the partners.

 

  • Separate Legal Entity

Registration of the LLP gives it a separate legal status and it is treated as a separate person in the eyes of law. This means that the LLP has a separate legal existence from that of its partners.

 

  • Flexibility

The formation of LLP ensures flexibility in its incorporation, operations and management without imposing detailed legal and procedural requirements.

 

  • Perpetual Succession

Even if the partners of the LLP keep changing, the LLP exists.

 

  • Internationally renowned

LLP is an internationally renowned form of business in comparison to a Company.

 

DISADVANTAGES OF LLP INCORPORATION IN INDIA

 

  • No Option to raise Funds 
    A LLP unlike a Company cannot raise funds from the public. It cannot take external commercial loans and borrowings from its foreign partners, foreign investors or any foreign institution.
  • No separation of management 
    In a LLP, there is no separation of management from its owners. The owners i.e. the partners form the management body of the LLP which makes the decision making process and operations difficult.
  • Limitation as to formation 
    A minimum of two partners are required for the formation of a LLP. Unlike a sole proprietary where a single person is the owner, a LLP requires minimum two. Also, amongst the two partners, one should be a resident of India which means that any two foreign persons cannot form a LLP.
  • Transfer of Ownership 
    In a LLP, the transfer of ownership is a very time consuming and a complicated task as ownership rights are not transferable easily without obtaining consents of all partners of the LLP. So, for the same, a partner has to obtain consent of all the other partners.
  • Foreign Partners 
    In order to form a LLP, at least one partner must be a resident of India. These criteria disallows the fact that no two foreign partners can form a LLP in India.
  • Quantum of Penalties 
    Even though there are limited compliances for a LLP, the failure to comply results in stricter and higher penalties.
  • Restricted access to Capital Markets 
    LLPs cannot get its shares listed in any stock exchange through initial public offerings. With this restriction, limited liability partnerships may find it difficult to attract outside investors to buy the shares.

DOCUMENTS REQUIRED FOR LLP REGISTRATION IN INDIA

All the Documents are required only in scanned form, you can attach the document in the form after payment or email it to us on documents@companyvakil.com . Feel free to get in touch for any query.

 

  • PAN Card/ID Proof of the Partners 
    PAN Card copy of the proposed Partners of the LLP IS required for the registration of the LLP. PAN or Permanent Account Number is a unique identification number issued by the Department of Income Tax in India. 

    Along with the PAN Card copy, the Partners must also submit an address proof and residential proof.
  • Address proof of the registered office 
    The address proof of the registered office of the LLP is an important document. In addition to submitting identity, address and residential address of the Partners, proof must be provided to validate the registered office address of the LLP. The following documents must be submitted as an address proof of registered office:
    • Utility Bill of the proposed Registered Office of the LLP
    • No-Objection Certificate from the Landlord
    • Rental Agreement Copy between the LLP and the Landlord
  • Address proof of the partners 
    The address proof submitted must have the name of the Partner as mentioned in the PAN Card. An address Proof includes Electricity Bill, Passport, Aadhar Card, Driving License, Passport, Telephone Bill, Bank statement etc.
No Objection Certificate NOC for LLP Registration

Registered Office Proof

No Objection Certificate (NOC) from the owner, Utility bill (should not be older than two months) and Notarized Rent agreement (in case of rented property)/ Registry Proof or House Tax Receipt (in case of owned property)

Address proof for  LLP Registration

Address Proof

Latest Bank statement/ Utility bill in the name of director which should not be older then two months

ID Proof for LLP Company

ID Proof and Passport size photo

Scanned copy of PAN Card of all directors and Aadhar card/ Voter ID/ Passport/ Driving License and Latest passport size photograph

what will you get?

Digital Signature for Directors

2 DSC (Digital Signature Certificate)

PAN Number

PAN and TAN Number

Incorporation Certificate

Incorporation Certificate

Director Identification Number

DPIN (Designated Partnership Identification number)

total time taken

1 day

DIGITAL SIGNATURE CERTIFICATE (DSC)

DSC is an electronic online signature issued by licensed certifying authorities. All the proposed directors of the company are required to apply for the digital signature (DSC), it is necessary for digitally signing the electronic incorporation documents.

1 day

DESIGNATED PARTNERSHIP IDENTIFICATION NUMBER (DPIN)

DESIGNATED PARTNERSHIP IDENTIFICATION NUMBER is a unique number which is a mandatory requirement for all the partners of the LLP. Ministry of corporate affairs allots a DPIN to every partner of the LLP with a lifetime validity without which one cannot be a partner in the LLP.

5 to 7 days

NAME APPROVAL

Once we obtain the DIN and DSC of the directors, a list of 1 to 6 proposed names of the company will be will be submitted to MCA for approval. We will conduct a prior search for your name availability through our unique search portal. We get your company name approved subject to availability and naming guidelines.

5 to 7 days

INCORPORATION DOCUMENTS

After the stage of Name Approval, we draft the required Papers and LLP Agreement for your Limited Liability Partnership (LLP). All the incorporation documents need to be submitted with the prescribed e-form. Once all the documents are duly verified and approved by the government, the certificate of incorporation is emailed to you. During which, we will apply for PAN and TAN of your LLP.

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FREQUENTLY ASKED QUESTIONS (FAQ's) ABOUT LLP REGISTRATION IN INDIA

 

What is an LLP?

LLP i.e. Limited Liability Partnership is a is a Mix of Both Private Limited Company and Partnership Firm. A Partner’s Liability is Limited by the Amount of his Share into the LLP. 
A Partner is not Liable for other Partner’s Default.

How many Partners are required to Incorporate a LLP?

Minimum 2 Partners are required and there is no Maximum Limit of Partners defined to incorporate an LLP.

Is a Limited Liability Partnership apt for Raising Funding?

No, LLP is not the right Structure for raising Funding from Private Investors. As Investors prefer a Stake via Equity of a Company rather than being a Partner into an Organisation.

What is a DSC i.e. a Digital Signature Certificate?

DSC is Considered as an Identity of a Partner, its an Electronically Encrypted Signature unique to a particular person and has been made Mandatory by MCA for the Partners of an LLP.

Minimum Capital Required to Incorporate an LLP ?

There is No Minimum Capital requirement for an LLP, an LLP can be incorporated with any amount of Capital as decided amongst the Partners.

Who can be a Partner in an LLP?

A person should be 18 Years or above in age. No Limitation on their Residency and Citizenship. Foreign Nationals and foreign Companies can also form an LLP in India Provided there is atleast one Partner who is an Indian Resident.

Can an LLP be converted into a Pvt Ltd. Company?

Currently No, an LLP can’t be converted into a Pvt. Ltd. Company as they are governed by 2 different Acts and both of them are silent on this Matter, but Vice-Versa is possible.

Can a Partnership Firm be converted into an LLP?

Yes, a Partnership Firm can be converted into an LLP and its very advantageous to do so, as the liability of the Partners become Limited to their Share Amount.

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