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Thursday, March 29, 2012

LLP Registration -Guidelines of ICAI


17. Registration of Limited Liability Partnerships (LLPs)


(1) Application for registration of the LLP in ICAI Form 18 duly filled and signed by authorized partner/ all partners of the proposed LLP along with copy of name registration letter (Incorporation certificate) received from the Registrar of LLP shall be submitted to the concerned Regional office of the ICAI under whose territorial jurisdiction the Head Office of the proposed LLP falls within one month of the date of incorporation of proposed LLP with Registrar of LLP.

(2)      Requirements for Registration of LLP

(a) Submit application in ICAI Form 18 along with Form 117 containing all details of the offices and other particulars (similar to LLP firm name approval issued by Registrar LLP) as called for together with the signatures of all partners or authorized partner of the proposed LLP.

(b)  Attach a  copy of incorporation certificate received from the Registrar of LLP.

Condonation of Breach of Regulation 190(4)/ (7)

In case Form 18 is not submitted to the Institute's office within the specified period of one month from the date of registration of proposed LLP with Registrar of LLP, the LLP is  required  to  apply  for condonation of breach of Regulation 190(4)/(7) and pay the levy of fee for condonation and submit the required documents.

The fee for Condonation of delay in filing Form 18 for registration of LLP beyond 30 days shall be charged as hereunder

Period of delay/Corresponding fee to be charged

upto 30 days
between 31-180 days
Beyond 181 days

beyond specified time

beyond specified time

of specified time

Rs. 100/-

Rs. 300/-

Rs. 1,000/-

The following documents shall be submitted:-

1.            A request for condonation of breach with specific reason for delay in submission of Form 18.

2.       A certified true copy of the partnership deed of proposed LLP.

3.        In case Form 18 is submitted beyond the financial year and the last date for filing the tax returns, the certified true copy of income-tax return, statement of income and expenditure account and balance sheet of LLP certified by a practising chartered accountant shall also be submitted.

4.        A declaration in the prescribed format.


                                       20. Change in Constitution of LLP

In case there is any change in the constitution of LLP, the same shall be intimated to the Institute within 30 days from the date of noting of the change in constitution of LLP by the Registrar of LLP.

Requirements

A letter informing changes in LLP alongwith Form 18 duly signed by all the partners with change in particulars  and copy of letter issued by Registrar of LLP regarding change in constitution  are required  to  be  submitted  within  one  month  from  the  date  of  noting of the change  in constitution of LLP by the Registrar of LLP.

Condonation of Breach of Regulation 190(7)

In case there is delay in submitting Form 18 beyond one month, LLP shall submit an application for condonation of delay stating reason(s) alongwith copy of Partnership Deed/Profit & Loss A/C, Balance Sheet and copy of Income Tax Returns of LLP certified by a practising chartered accountant, a "Declaration" in the prescribed Format  and condonation fees as applicable.



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