Advocate Mohammad Kamran
- 10+ Years of Legal Experience
- Enrolled with the Bar Council of Uttar Pradesh
- Certificate of Practice holder
LLP Registration in Lucknow
Incorporating an LLP, and drafting the agreement that decides how it will actually be run.
Business Registration
What this covers
A limited liability partnership sits between a partnership and a company. It is a body corporate with its own legal existence, so it contracts and holds property in its own name and the partners are not personally liable for its obligations in the way partners in an ordinary firm are. It carries compliance obligations that a firm does not, though generally lighter than those of a company.
The incorporation produces a certificate. What governs the LLP day to day is the LLP agreement, which has to be filed within the period allowed after incorporation. Where no agreement is filed, default provisions of the Act apply, and they are frequently not what the partners intended. The agreement is the part of this exercise worth spending time on.
Scope of assistance
What this work involves, and what it does not
Different parts of a matter of this kind are different kinds of work. This is how they divide.
- Legal advisoryAdvice on the legal position, the options open and the consequences of each.
- Document draftingPreparation and review of the agreements, deeds and written replies the matter requires.
- Registration assistanceAssembling the application and its supporting documents, filing it with the authority and answering queries raised on it.
- Coordination with other professionalsWhere a matter requires audit, or a certificate or filing that only a specified professional may sign, it is coordinated with a chartered accountant or company secretary.
Nothing on this page is an offer to audit accounts or to issue any certificate that only a chartered accountant or company secretary may issue. No professional designation is claimed for anyone at the firm beyond enrolment as an advocate, and no undertaking is given that any particular person will certify, audit or appear in a given matter.
Who this may assist
Who this service may assist
If your situation is not listed, it does not mean it cannot be dealt with. It means it should be discussed.
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Professionals forming a practice together
You want a structure with limited liability and lighter compliance than a company.
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Existing firms considering conversion
A partnership is being reorganised into an LLP.
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Businesses with several participants
Liability is a concern but outside investment is not contemplated.
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Partners settling their arrangement
The LLP exists and the agreement now has to be drafted or revised.
Scope
Assistance available
- Advice on whether an LLP is the appropriate form, against a firm and a company
- Assistance with the incorporation application and the name approval
- Drafting the LLP agreement, covering contribution, sharing, management and exit
- Filing the LLP agreement within the period allowed after incorporation
- Supplementary agreements on admission, retirement or a change in contribution
- Coordination with a chartered accountant or company secretary where a filing requires certification
Process
How the work generally proceeds
The sequence varies with the facts and the forum. This is the usual shape of it.
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Step 01
Choosing the form
LLP against a partnership and a private company, on liability, compliance and how participants will come and go.
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Step 02
Preparing for incorporation
Digital signatures and designated partner identification, name selection, and the registered office particulars.
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Step 03
Filing for incorporation
The application is made to the Registrar with the supporting documents, and queries answered.
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Step 04
Drafting and filing the agreement
The LLP agreement is drafted on the partners' actual intentions and filed within the period allowed, so that the Act's default provisions do not apply by omission.
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Step 05
Setting up to operate
Bank account, tax registrations and the commercial agreements the LLP will use.
Preparation
Documents commonly required
Bringing what you have makes the first discussion considerably more useful. Missing items can be obtained later.
- Permanent account number, identity and address proof and photographs of the designated partners
- Proof of the registered office address, with the owner's consent where it is not owned
- Digital signature certificates for the designated partners
- Proposed names for the LLP, in order of preference
- Details of the contribution by each partner and the agreed sharing
- The terms agreed among the partners on management, admission, retirement and dissolution
Cautions
Common mistakes
- Not filing the LLP agreement in timeThe Act's default provisions then govern the LLP, and they may bear little resemblance to what the partners agreed.
- Treating the LLP as a partnershipIt is a body corporate with continuing filing obligations. Ignoring them accumulates consequences.
- A registered office that cannot be evidencedThe address and the proof for it must match, and consent is needed where the premises are not owned.
- No exit mechanism in the agreementWithout a route for a partner to leave and for the contribution to be valued, an exit becomes a dispute.
- Assuming limited liability is absoluteIt is not unqualified, and conduct by a partner can still attract personal consequences. The protection should not be over-read.
See also
Related legal and tax services
Reading
Related Guides
General information notes on this area. They are not legal advice.
The practice
Advocates
Each advocate of the firm is enrolled with the Bar Council of Uttar Pradesh and holds a Certificate of Practice.
Advocate Hamid Razzaq
- 15+ Years of Legal Experience
- Enrolled with the Bar Council of Uttar Pradesh
- Certificate of Practice holder
Advocate Mohd. Mateen
- 20+ Years of Legal Experience
- Enrolled with the Bar Council of Uttar Pradesh
- Certificate of Practice holder
Questions
Frequently asked questions
An LLP is a body corporate with its own legal existence, so it contracts in its own name and the partners are generally not personally liable for its obligations. A firm is not a separate entity in the same way. The trade-off is that an LLP carries continuing filing obligations that a firm does not.
Default provisions in the Act apply. They cover matters such as sharing and decision-making in ways the partners may not have intended, and being governed by them through inadvertence is a poor outcome from an otherwise sound structure.
Conversion routes exist, subject to conditions. It is a transaction with its own documentation and consequences rather than a formality, and it is worth taking advice on before committing to a structure.
Certain filings require certification by a practising professional of a specified description. Where that applies, it is coordinated with a chartered accountant or company secretary. The advisory work and the agreement are handled here.
Where the firm works
Lucknow and Uttar Pradesh Coverage
The firm's office is in Lucknow. Matters arising in other districts of Uttar Pradesh are conducted from Lucknow before the court, tribunal or authority that has jurisdiction over them. There is no branch office elsewhere. Which forum will hear a particular matter depends on its subject, its value and where the cause of action arose, and is confirmed before anything is filed.
This page is general information about an area of practice. It is not legal advice, and it is not an advertisement or a solicitation of work. Reading it creates no advocate–client relationship.
Procedures, limitation periods, court fees, stamp duty and government charges change, and what applies depends on the facts of the particular matter. Nothing here should be acted on without advice on your own documents, and no outcome is promised or predicted.
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