Overview of LLP registration in Bhopal, Madhya Pradesh
The Companies Amendment in 2013 which replaced the previous Companies Act 1956 on 29th August 2013, introduced some novel concepts intending to encourage entrepreneurship & facilitate “Ease of doing business” & instill the values of corporate governance among business entities in India.
Accordingly, one of the key changes introduced by the Companies Act 2013 included the concept of “LLP or Limited Liability Partnerships “in Bhopal, Madhya Pradesh, although the concept of LLP was introduced in the year 2009 through the Limited Liability Partnership Act 2008 & relevant rules and the same was an instant success with start-ups and professional services.
An LLP is an alternative business structure that combines the benefits of the other business structure such as operational flexibility of a partnership firm, whereas a body corporate structure, perpetual succession & limited liability of a company, while eliminating the drawbacks of the existing business structure.
LLPs are known to offer a balanced framework to businesses to ensure minimal compliances & more focus on business growth activities, and could even have minimal compliances to follow to receive foreign direct investments from countries outside India.
LLP registration in Madhya Pradesh
Located in Central India, Madhya Pradesh is the second-largest state in terms of area and 5th largest state in terms of population. Madhya Pradesh shares its borders with Uttar Pradesh, Chhattisgarh, Gujarat, Rajasthan, and Maharashtra. Till 2000 Madhya Pradesh used to be the largest city in India in terms of area, but in the year 2000, Chhattisgarh was carved out and designated as a separate state, making it the second-largest state after Rajasthan. Madhya Pradesh has the 10th largest economy in India, and it ranks 23rd among the states in the State Human Development Index. The state is rich in mineral resources and has India’s largest diamond and copper reserves.
The primary source of income in Madhya Pradesh is agriculture, meaning the state has an agrarian economy. The state’s major crops are soybean, wheat, gram, maize, rice, sugarcane, cotton, rapeseed, mustard, and arhar. Madhya Pradesh consists of five Special Economic Zones (SEZs), of which three are IT-related, mineral-based, and agro-based. For doing excellent work in Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) 2005, Madhya Pradesh has won the 10th National Award.
Capital- Bhopal
Business ideas in Madhya Pradesh
Madhya Pradesh is the second most preferred state for the corporate and industrial business after Gujarat. If you want to set up a small business that needs low investment in Madhya Pradesh, then here are a few ideas: –
Food processing business
Madhya Pradesh is an agrarian state with wheat, soybean, gram, sugarcane, rice, maize, mustard, etc., the major crops in the state. Setting up a food processing business in Madhya Pradesh is a good idea as it is an agrarian state. People cannot consume raw food, so it needs to be processed for consumers’ consumption. The food processing business requires considerable investment but will raise huge profits. Being an agricultural state Madhya Pradesh is an ideal state for the food processing business.
Minerals related business
Madhya Pradesh has a unique geographical location as it is centrally located and shares the border with six states with rich mineral resources. Madhya Pradesh is a mineral-rich state with tremendous potential for various mineral-related businesses. Depending on the capital that you have for the investment, you can start any minerals-related business in Madhya Pradesh. It is counted among the states with diamond mines, so you can also establish a diamond cutting and polishing business in Madhya Pradesh. Mineral-related business requires moderate investment depending on what kind of business you are choosing.
Agro-related business
Being the fourth-largest producer of agricultural products in India, Maharashtra is perfect for establishing an agro-related business. Madhya Pradesh ranks first in soybean, gram oil, seeds, pulses millets, and linseed production. Agriculture is one of the top contributors to the state’s economy, and 74% of the population is directly or indirectly dependent on agriculture. So raw materials required for agriculture-related business will be locally available to you in the state. Some agri-related businesses you can start in Madhya Pradesh are fertilizers, organic farming, organic grocery stores, orange farming, etc. This business will require low investment, and you must give a lot of energy and effort in the initial years of establishing the business.
Tourist agency
Madhya Pradesh has four UNESCO World Heritage sites that attract tourists around the globe. The state has many forts, palaces, archaeological sites, stupas, monuments, etc., so setting up tourism-related businesses like restaurants, tourist agencies, and transport businesses will help you make huge profits. The best part about the tourism-related business is that it needs low investment.
Cement business
Setting up a cement industry in Madhya Pradesh is a profitable business idea as the state is the third-largest cement producer in India. It is known for the rich cement-producing minerals, so the raw materials required for establishing a cement manufacturing plant will be locally available in the state. Prominent groups like Vikram cement, Prism Cement, Diamond cement, Birla Corporation, ACC Cement, and Mahiar cement have established their manufacturing plants in Madhya Pradesh.
Textile business
Known for the production of Chanderi and Maheshwari sarees, Madhya Pradesh is famous for textiles. The textiles, especially the handicraft produced in Madhya Pradesh, reflect the state’s rich culture and tradition. Again, the raw materials that are needed for the production of textiles are locally available. Textile business in Madhya Pradesh needs reasonable investments and a lot of effort.
The startup ecosystem of Madhya Pradesh
According to the state startup ranking 2019, Madhya Pradesh is entitled as the emerging startup ecosystem. Madhya Pradesh is called the heart of India and attracts a lot of investment in diverse sectors like engineering electronics systems, information technology, design, and manufacturing. In 2016 the state government of Madhya Pradesh outlined the startup policy with a vision to encourage entrepreneurial spirit and innovation among the state’s youth. This startup policy of Madhya Pradesh is known as the ‘Madhya Pradesh incubation and startup policy.’ The policy was formulated under the department of Micro Small and Medium Enterprises (MSME) and was updated in 2019. Following are the objectives of the Madhya Pradesh startup policy: –
The Madhya Pradesh startup policy vision is to strengthen the startup culture by inculcating and nurturing entrepreneurial skills in the people.
The motto of the policy is to encourage and inspire youth to develop innovative ideas to build a strong startup ecosystem.
By outlining the startup policy, the state government of Madhya Pradesh wants to promote entrepreneurship activities, particularly among the youth, by enabling sustainable and inclusive socio-economic development across the state.
Through the startup policy, the state government of Madhya Pradesh aims to promote and develop employment opportunities, thus eradicating unemployment within the state.
The state vision is to build a robust startup ecosystem by encouraging the setting up of new technology businesses and incubation centers.
Salient Features of LLP registered in Bhopal, Madhya Pradesh
- An LLP is an alternative business structure that has characteristics similar to that of a company & a partnership firm.
- Like a private company, an LLP needs at least two partners to be incorporated out of which there should be at least two designated partners. But, unlike a company, there is no upper limit on the maximum number of partners in an LLP whereas the maximum number of shareholders is up to 200.
- The liability of each partner is limited to the agreed contribution in an LLP as there is no requirement of minimum capital contribution.
- The respective rights & liabilities of the partners in an LLP are determined in pursuance of an LLP Agreement.
- The designated partners are responsible directly for compliance with all the provisions of the LLP Act 2008 and provisions specified in the LLP agreement
Pre-Requisites for LLP Registration in Bhopal, Madhya Pradesh
i. Partners in LLP
For the purposes of LLP Registration, there must at least be a minimum of two partners, out of which at least two will be named as designated partners, and at least one designated partner should be a resident in India. Such partners/designated partners should possess a Director Identification Number (DIN) issued by the Ministry of Corporate Affairs. Only individuals can be designated as partners in an LLP.
Other than an individual, a body corporate can also become a partner (but not a designated partner) in the LLP by nominating a representative to act & attend meetings on its behalf.
ii. Name of the Proposed LLP
The name of a Limited Liability Partnership (LLP) shall compulsorily include the words ‘LLP’ which is the acronym for ‘Limited Liability Partnership. The proposed name is required to be approved by the Registrar of Companies on the MCA portal. The name of the LLP must be in line with the main objects of the LLP.
iii. Registered Office Address
Every proposed LLP must have a registered office address for statutory communication purposes before starting the process of incorporation. In case the property is rented, then a copy of an address proof with a No-Objection Letter for use of address as the Registered Office of LLP shall also be compulsorily attached with the documents.
iv. For a Legal Object
It is also necessary to ensure that the purposes of the proposed LLP must be for any legal business activities and not for any illegal object. For this, it is highly advisable to identify the main objects of the LLP in a particular line of business.
v. Digital Signature Certificate (DSC)
For the purpose of online registration of an LLP, it shall be necessary to file the documents online which shall be authenticated by using a Digital Signature Certificate of the Designated Partner from the Certifying Authority in India or MCA.
vi. Certificate of Compliance
Further, for the purposes of LLP registration, it shall be compulsory for every prospective LLP to obtain a certificate of compliance from a professional such as a Company Secretary/ Chartered Account/Cost Accountant who shall issue a certificate of compliance that all the requirements related to the incorporation of a Limited Liability Partnership (LLP) have been fulfilled and are genuine in nature.
Process of LLP Registration in Bhopal, Madhya Pradesh
The process of LLP registration is a simple & completely online process that is administered by the Ministry of Corporate Affairs (MCA) following the completion of the process & filling the documents electronically and online verification, the Registrar issues a digitally-signed Certificate of Incorporation (COI) for the prospective LLP.
Process of LLP Registration Online in Bhopal, Madhya Pradesh
i. Acquire a Digital Signature Certificate (DSC) in Bhopal, Madhya Pradesh
In the first step, the LLP is required to make an application for a digital signature certificate which is mandatorily required for the purpose of e-filling of e-forms & ensuring a digital signature certificate to ensure the safety & authenticity of information submitted on the MCA portal.
ii. Make Application for DPIN (Designated Partner Identification Number) Allotment in Bhopal, Madhya Pradesh
For the purpose of registration of an LLP, it shall be necessary to apply a Designated Partner Allotment Number, which is a unique identification number allotted to every proposed LLP for the facilitation of the registration process.
iii. New User Registration on the Portal in Bhopal, Madhya Pradesh
Next, for new user registration, the user must create a login id & password after logging in on the MCA portal and clicking “New user” registration.
iv. Fill out the form for Name Reservation & Incorporation in Bhopal, Madhya Pradesh
Further, the proposed LLP must have two-three proposed names ready for the purposes of incorporation after carefully choosing a name that is not already taken or is too closely related to the names of any existing entity.
For this, the applicant entity must file an e-form RUN (Reserve Unique Name) to check the availability of the name and afford protection so that the name once reserved could not be taken by any other applicant for a period of sixty days. However, for approval, the name should not be undesirable or doesn’t resemble any existing business or any Government organization/department in the view of the Central Government.
Once the RUN form is approved and it is protected, the applicant shall move to the next step which is filling & submitting the e-form name FiLLiP for LLP Registration online along with the required information & attachments.
v. Prepare and Submit LLP Deed in Bhopal, Madhya Pradesh
An LLP Deed is a legally binding agreement entered between partners concerning their rights & obligations in pursuance of an LLP, which is similar to a partnership Deed in the case of a partnership firm. The particulars of LLP Deed include matters like the object of formation of the LLP, shares in profits & losses, interest on loans, dispute resolution in case of conflicts, etc.
Thus, after filling out forms online, the applicant LLP is required to draft an LLP Deed and submit it online. The format for LLP Deed has been prescribed under e-form no. Form 3, which must be filed within 30 days from the date of the incorporation.
vi. Apply for Your PAN, TAN, & Bank Account in Bhopal, Madhya Pradesh
Once the steps mentioned above are completed, submit the FiLLiP form online and once registration approval is granted and a Certificate of Incorporation is provided, the applicant LLP shall be required to obtain PAN no., TAN number & a bank account for the LLP.
Time Involved in Registration in Bhopal, Madhya Pradesh
The whole procedure from obtaining DSC to Filing Form 3 may take anywhere around 7-10 days depending upon the departmental approval and revert from the respective department.
Documents Required for LLP registration in Bhopal, Madhya Pradesh
Following documents should be available in a scanned format to be attached with the form of registration of LLP in Bhopal, Madhya Pradesh-
Documents of Prospective Partners in Bhopal, Madhya Pradesh
i. Proof of Identification for Partners of LLP- All the partners are required to provide their PAN at the time of registering LLP. PAN card is primarily the ID proof required.
ii. Proof of Residence of Partner- Each partner in the LLP needs to submit a valid proof of residence which could be any one document out of Voter’s ID/ Passport, Driver’s license / Aadhaar Card. But, the name & other details as per address proof and PAN card should be exactly the same. In case details such as spelling of the name, father’s name or date of birth is different in the proof of residence & PAN card, it should be corrected before submission to RoC.
iii. Copy of utility Bills- Further, a copy of utility bills such as the latest bank statement, telephone bill, mobile bill, electricity bill, or gas bill should be submitted as residence proof. iv. Passport-sized photographs preferably on white background.
iv. Passport- sized photographs preferably be in a white background;
v. Copy of Passport- In case any foreign national intends to become a partner in an LLP, such foreign nationals & NRIs must submit a copy of their passport. Not only this, such passports must be notarized or apostilled by the relevant authorities in the country of such foreign nationals, and NRI or the Indian Embassy situated in that country can also sign the documents. However, in case the documents are in a language other than English, a copy of a notarized or apostilled translation copy shall be attached.
Documents of prospective LLP registered in Bhopal, Madhya Pradesh
i. Proof of registered Address- It is compulsory for every LLP to submit an address proof of the registered office during registration or within 30 days of its incorporation. In case the LLP office is situated in a rented place, a copy of the rent agreement and a no-objection certificate from the landlord will be required to be attached.
ii. Any one of the partners will need to apply & obtain a digital signature certificate for filling & incorporation of LLP purposes since all documents and applications will be digitally signed by the authorized signatory.
iii. Copy of the Utility bills such as electricity or telephone bills must be submitted along with the proof of address. The proof of address should include the complete address of the premises and the name of the owner of the property. Utility bills should not be older than more than 2 months.
iv. Sale deed/property deed in English (in case of owned property).
Advantages of LLP Registration in Bhopal, Madhya Pradesh
i. Limited Liability
An LLP is a body corporate and enjoys separate existence as a legal person apart from its partners in the eyes of law. Therefore, it offers the benefit of limited liability to its partners. In simple words, in the event of any debt recovery or dissolution of LLP, the liability of each partner is restricted to the agreed contribution by him & cannot go beyond such limit unless in exceptional circumstances such as fraud or mismanagement of business operations.
This benefit has been provided for the partners to undertake business operations without any worries and increases their assurance to undertake business activities.
ii. No upper limit for the partners
Under the provisions of the LLP Act, each partner must have at least two partners at the time of the registration. However, unlike a private company that cannot have more than 200 shareholders, there is no upper ceiling for the maximum number of partners in an LLP.
iii. Lesser Costs for Managing Compliances
Unlike a company that has to conduct audits, general & board meetings, etc. every year, there are fewer compliances which automatically reduce the costs of managing compliances for an LLP making it an attractive choice for entrepreneurs.
iv. Modest structure of Profit Sharing
In an LLP, the business profits are taxed only once and not after profits are shared in the hands of the partners of the LLP. Further, the payments made to partners in an LLP in India by way of payment of interest to partners, any other payment by way of salary, bonus, commission, or remuneration to partners is allowed a deduction under Section 40(b) of the Income-tax Act 1961.
v. Ease in transferring ownership
Unlike a partnership firm or a company, it is comparatively easier in an LLP to transfer interests that could be made by making amendments in the LLP Agreement.
vi. Suitable For Small Business
LLPs with a total capital contribution of fewer than ₹25 lakhs and an annual turnover lesser than ₹40 lakhs per year do not need any audits, making them the best option for smaller businesses and Startups.
Amendment to LLP Act 2008 in Bhopal, Madhya Pradesh
The LLP Amendment Act was amended in 2021 and was notified on 11 February 2022, which brought changes in the LLP Act 2008 that has brought significant changes for the better regulation of LLP in India. Some other significant amendments are as follows-
Decriminalization of Monetary Offenses in Bhopal, Madhya Pradesh
The LLP Amendment Act 2021 has decriminalized & reduced penalties for offenses related to technical, minor, and compliance-related offenses, which have been moved to the in-house Adjudication Mechanism framework along with modified penal provisions.
Power to Regional Officers to Compound Offense in Bhopal, Madhya Pradesh
The new amendment act has given powers to a Regional officer to compound any offense under the amended legislation. The offense is punishable with a fine along with the process to be followed to compound these offenses as the fine will be charged based on the limit prescribed by the Act. However, the same limit shall not apply if the offender has committed the same offense within three years from the date of committing the first offense.
Reduced Penalties for Start-Up and LLPs in Bhopal, Madhya Pradesh
Under the amended LLP Act, a new section 76A has been inserted that attempts to reduce fees & penalties in the case of a small LLP or a start-up. Accordingly, in case of a small LLP/start-up for certain offenses shall attract a penalty of half the amount as specified in the Act, which would be no more than Rs. 1 Lakh for LLP and 50k for each designated partner or any other person as per the case.
Establishment of Special Courts in Bhopal, Madhya Pradesh
In order to ensure faster disposal of cases as well as a reduction in the burden of the normal courts, the Act also provides for the establishment of special courts to exclusively try the cases related to the offenses committed under the LLP Act 2008.
Other Key Amendments of LLP Registration in Bhopal, Madhya Pradesh
The amended act has also provided relief to the designated partners of an LLP concerning the condition of maintaining its residency in India (residing at least for 180 days in the previous financial year). Thus, from now on the daily limit for the residential designated partners has been reduced from 180 days to 120 days during an FY under Section 7 of the apex act.
Further, the Act has also given recognition to the concept of Start-up LLP and provided the power to the Central government to recognize certain LLP as start-up LLP by issuing notifications from time.
Conclusion of LLP registration in Bhopal, Madhya Pradesh
Therefore, an LLP registered in Bhopal, Madhya Pradesh offers the benefit of limited liability & procedural flexibility to its partners to organize their internal administration & manage their business efficiently. The process of registration is a simpler, faster & convenient process that could be completed in four-five steps. Complete your process of LLP registration & start your journey today!
