In the wake of successfully initiating Ease of Doing Business(EoDB)
reforms by introducing game changing,
simplified and integrated procedures viz. SPICe (Simplified Proforma for Incorporating Company
electronically), Reserve Unique Name(RUN) for starting a business in India, the
Ministry of Corporate Affairs has now launched another major reform by way of
process reengineering of incorporation of Limited Liability Partnership(LLP) as
well on a big scale.
1. LLP (Second Amendment) Rules, 2018: The much
awaited Limited Liability Partnership (Second Amendment) Rules 2018 containing
the relevant revised rules and incorporation related eform layouts
have been notified
on 18th September 2018 which would come into effect
from 02nd October 2018. The said amendment
rules contain changes as detailed below:
(i) Introduction
of a Web Service titled ‘RUN-LLP (Reserve
Unique Name – Limited Liability Partnership)’ replacing the erstwhile Form 1
(Application for reservation or change of name).
(ii) Introduction
of a new integrated Form christened FiLLiP
(Form for incorporation of Limited Liability Partnership) replacing the erstwhile Form 2 (Incorporation document and
subscriber’s statement) combining therein 3 services i.e.,
a) Name reservation.
b)
Allotment of Designated Partner Identification Number(DPIN/DIN).
c)
Incorporation of the LLP.
2. Change in the Processing of eForms:
The
applications which would be submitted using the web-service/eForms viz.
RUN-LLP, FiLLiP, Form 17, Form 18 and Form 5 would be processed at a
Centralised location by the Registrar, Central Registration Centre(CRC) for and
on behalf of the jurisdictional Registrar. The centralized registration process
is likely to bring down the processing time to D+1 Day akin to Companies’
Incorporation forms and thus spur the growth of business in our country.
3. RUN-LLP (Reserve Unique Name – Limited Liability Partnership):
(i)
RUN-LLP would be a simple and easy to use Web Service
for reserving a name for a new LLP or for Change
of Name of any existing
LLP with only 4 relevant fields.
The new web service would replace
the existing Form 1 which contains 15 fields (4 pages) for reservation
of name/change of name of LLP.
(ii)
This is a ‘post-login’ service
and existing users would need to login
into their account
using their credentials. New users are required to create a login
account first before using the service.
(iii) As shown
above the service contains following simple fields apart from radio buttons for
choosing ‘New Service or Resubmission’:
a)
New Incorporation/ Conversion: User has to select whether
name reservation is for
New incorporation/ Conversion of firm into LLP/Conversion of private
company/unlisted public company into LLP.
b)
LLPIN/CIN: User shall enter LLPIN in case of name
reservation for change of existing name of LLP. CIN shall be entered in case of
Conversion of private company/unlisted public company into LLP.
c) Proposed name 1 and 2: User
may enter up to two proposed names
for reservation.
d)
Comments: User needs to mention the objects of the
proposed LLP and any other relevant comments.
Note: DPIN/DIN/DSC would no more be a pre-requisite for Name reservation through RUN-LLP.
4. Form for incorporation of Limited Liability Partnership (FiLLiP) (vis-à-vis existing Form 2):
(i) New field
‘whether name is already approved by Registrar of Companies’ is introduced to accommodate names approved through
RUN-LLP and reservation of name through FiLLiP.
(ii) New field
2(a) ‘Type of incorporation’ inserted to enables users to prefill/enter the
type of incorporation (New
incorporation/ Conversion of firm into LLP/Conversion of private
company/unlisted public company into LLP).
(iii)
New field introduced to enable the user to enter the
number of designated partners/partners in a tabular format. Based on the number
in the table, relevant section shall be enabled to provide the details.
(iv)
Each category of partner/designated partner (except
non-individual partner/designated partner is divided into two types, one having
DIN/DPIN and another not having DIN/DPIN.
(v) In case of
Body Corporate Designated Partners / Body Corporate Partners, count needs to be
entered in the column for ‘not having DIN/DPIN’.
(vi) In case of
Body Corporate Designated Partner, details of having DIN/DPIN or not having DIN/DPIN
shall also be provided for the ‘Nominee
of Bodies Corporate Designated Partners’
(vii)
In case individual designated partner/nominee of Body
Corporate designated partner is not having DIN/DPIN,
all the relevant details pertaining to DIN/DPIN allotment shall be entered in the
relevant section.
(viii) Maximum of two DINs/DPINs
can be allocated through FiLLiP.
(ix) In case
FiLLiP is getting filed for name reservation, user need to enter ‘proposed
name’ (only one name is allowed) and
other relevant details of name reservation.
(x)
Relevant attachments pertaining to the name
reservation/DIN allotment through FiLLiP got included in the form.
(xi)
In case none of the Designated Partners have DIN/DPIN,
the form can now be signed by providing PAN details of the Designated Partner.
5. Changes done in other form fields:
- Form 5 Shall now be processed under Non-STP mode.
Note: Please refer to the revised eforms notified vide Limited Liability Partnership (Second Amendment) Rules dated 18th September 2018 for more clarity.
6. Precautions to be taken by users/Professionals for successful submission of RUN- LLP/FiLLiP:
(i)
The same user login ID which was used for reserving
the name through RUN-LLP has to be used for submitting and uploading FiLLiP.
(ii)
Names already approved in Form 1 can be used while
Incorporating an LLP through FiLLiP.
(iii) It is
advisable to be familiar with the Limited Liability Partnership Rules 2009, as
amended, and conduct your own Name and Trade Mark search, (the links for which
are available under ‘MCA Services’ of the portal).
(iv)
Ensure to attach the No Objection
Certificates(NOCs)/Central Government approval wherever necessary as per the
LLP Rules, 2009.
(v)
In case of conversion of company into LLP, ensure
that the proposed
LLP name is same as the Company name.
Conclusion:
Further, users and professionals are also advised to take note of the
following changes at a glance captured in the Table:
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