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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