Post Incorporation Compliances of LLP And Closure of LLP in Rajasthan

LLP stands for Limited Liability Partnership, which is a type of business structure that combines the features of a partnership and a limited liability company. In this, the partners have limited liability. That is why, they are not personally liable for the debts or obligations of the LLP. This means that their personal assets are protecting in case of any business-related liabilities. An LLP is a type of business structure that combines the benefits of a partnership and a limited liability company. In Rajasthan, the LLPs governs by the Limited Liability Partnership Act, 2008 and the rules made thereunder. Here, we are going to discuss about the Post Incorporation Compliances of LLP And Closure of LLP in Rajasthan.

Process of Forming LLP in Rajasthan

The process of forming an LLP in Rajasthan is as follows:

• Digital Signature Certificate (DSC): The designated partners of the LLP need to obtain a digital signature certificate from a government-approved agency.
• Director Identification Number (DIN): The designated partners also need to obtain a Director Identification Number (DIN) from the Ministry of Corporate Affairs (MCA).
• Name Reservation: The LLP name should be unique and not similar to any existing company or LLP. An application for name reservation can be made to the Registrar of Companies (ROC) through the MCA portal.
• LLP Agreement: The LLP agreement should be prepared and signed by all the designated partners of the LLP. It contains details such as the name of the LLP, business objectives, capital contribution, profit-sharing ratio, etc.
• Filing of Incorporation Documents: The following documents need to be filed with the ROC for the incorporation of an LLP in Rajasthan:
• Form 2: Incorporation Document and Statement
• Form 3: LLP Agreement
• Form 4: Notice of appointment of partners/designated partners
• Form 9: Consent to act as a partner/designated partner
• Certificate of Incorporation: Upon verification of the documents, the ROC will issue a certificate of incorporation, which serves as proof of the existence of the LLP.

Key features of LLP

The key features of an LLP are:

• Separate Legal Entity: An LLP is a separate legal entity from its partners. This means that the LLP can own assets, incur debts, sue or be sued in its own name.
• Limited Liability: The liability of the partners is limited to the extent of their capital contribution in the LLP. The personal assets of the partners are not liable to be seized to pay off the debts or obligations of the LLP.
• No Minimum Capital Requirement: There is no requirement for any minimum capital contribution to start an LLP.
• Flexibility in Management: The LLP can be managed and run by the partners themselves without any restrictions, as long as the LLP agreement permits it.
• Easy Transferability: It is easier to transfer the ownership of an LLP as compared to a traditional partnership, as the LLP is a separate legal entity.
• Audit Requirement: An LLP is required to get its accounts audited if the turnover or contribution exceeds a certain limit.
• Taxation: LLPs are taxed at a flat rate of 30% on their profits, and partners are taxed on the profits they receive from the LLP as per their respective tax slabs.

Benefits of LLP

LLP is a popular form of business organization that offers several benefits to its partners. Some of the benefits of LLP are as follows:

• Flexibility in Management: LLPs offer flexibility in management, as the partners are free to manage the business as per their agreement. The LLP Act does not impose any restrictions on the management of the LLP.
• Easy to Form: The process of forming an LLP is simple and easy. It requires fewer compliances as compared to a company, making it a preferred choice for small and medium-sized enterprises.
• Tax Benefits: LLPs are taxed at a lower rate as compared to companies. Moreover, the partners of an LLP are not liable to pay any dividend distribution tax, which makes it a tax-efficient form of business organization.
• Continuity of Existence: An LLP enjoys perpetual succession, which means that the LLP will continue to exist even if one or more partners leave or die. This provides stability and continuity to the business.
• Greater Credibility: LLPs enjoy greater credibility as compared to other forms of unincorporated businesses. This makes it easier for an LLP to raise funds, enter into contracts, and conduct business with third parties.

Compliances of LLP in Rajasthan

LLP in Rajasthan needs to comply with various legal and regulatory requirements to ensure the smooth functioning of the business and avoid penalties. Some of the compliances are:

• LLP Registration: The first step towards compliance is the registration of the LLP with the Registrar of Companies (ROC) within 14 days of its incorporation.
• LLP Agreement: The LLP agreement should be prepared and filed with the ROC within 30 days of the incorporation of the LLP.
• Annual Return: LLPs are required to file an annual return with the ROC in Form 11 within 60 days from the closure of the financial year.
• Statement of Account and Solvency: LLPs are required to file a statement of account and solvency in Form 8 with the ROC within 30 days from the end of 6 months of the financial year.
• Income Tax Returns: LLPs are required to file their income tax returns annually with the Income Tax Department by 31st July of the relevant assessment year.
• GST Returns: If the LLP is registered under the Goods and Services Tax (GST) regime, it needs to file monthly or quarterly GST returns.
• TDS Returns: If the LLP is liable to deduct tax at source (TDS), it needs to file quarterly TDS returns.
• ROC Compliance: LLPs are required to maintain their books of accounts and other relevant documents as per the Companies Act, 2013 and LLP Act, 2008. The ROC may conduct an inspection to ensure compliance.
• Other Compliances: LLPs need to comply with various other laws such as labor laws, environmental laws, and other applicable laws.

Closure of LLP in Rajasthan

The closure of LLP in Rajasthan involves several steps and compliance requirements. The process of winding up an LLP can be start voluntarily by the partners or compulsorily by the Tribunal. The steps involved in closing an LLP in Rajasthan are as follows:

• Consent of Partners: All the partners of the LLP must give their written consent for the closure of the LLP.
• Appointment of Liquidator: A liquidator needs to be appointed by the partners for winding up the affairs of the LLP.
• Filing of Statement of Accounts and Solvency: A statement of accounts and solvency needs to be prepared by the designated partners of the LLP and filed with the Registrar of Companies (ROC). The statement should be approved by the majority of the partners and the liquidator.
• Filing of Form 24: Form 24 needs to be filed with the ROC within 30 days of passing the resolution for closure of the LLP. The form should be accompanied by a copy of the statement of accounts and solvency.
• Cessation of Business: The LLP should cease its business activities from the date of filing of Form 24.
• Settlement of Liabilities: The liquidator needs to settle all the liabilities of the LLP, including payment of debts, taxes, and other statutory dues.
• Filing of Form 4: Once the affairs of the LLP are fully wound up, Form 4 needs to be filed with the ROC. The form should be signed by the liquidator and all the partners of the LLP.
• Issuance of Certificate of Dissolution: Upon verification of the documents, the ROC will issue a certificate of dissolution, which serves as proof of the closure of the LLP.

It is advisable to consult a professional to ensure compliance with all the applicable laws and regulations. It also completes the process of closure smoothly.

Takeaway

The LLP needs to comply with various legal and regulatory requirements. Such as filing of annual returns, maintenance of books of accounts, payment of taxes, etc. It is advisable to consult a professional to ensure compliance with all the applicable laws and regulations. LLPs is commonly using by professionals such as lawyers, accountants, and consultants, as well as small and medium-sized businesses. It provides the advantages of limited liability and flexibility in management to the partners. It became a popular choice for entrepreneurs. Overall, LLP is a preferred choice of business organization for small and medium-sized enterprises due to its flexibility, simplicity, and limited liability.