Overview of LLP registration in Chennai, Tamil Nadu
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 Chennai, Tamil Nadu, 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 Tamil Nadu
Tamil Nadu is popularly known as the ‘Land of Temples.’ It consists of more than 33,000 ancient and historical temples that are certainly built collectively through the Dravidian style of architecture. The state is located in the southern part of the Indian Peninsula. 26th January is celebrated as the Formation Day of Tamil Nadu. Tamil Nadu is the 10th largest in terms of area and the 6th largest in terms of population. Tamil Nadu shares its boundaries with Puducherry (Indian union territory) in the east, Kerala in the west, and Karnataka and Andhra Pradesh in the North, and also shares an international maritime border with Sri Lanka. This state provides shelter to the Tamil people andthe Tamil language is one of the oldest and longest-existing classical languages in the world. Demographically, this Tamil language is majorly spoken in the state and is also the official language of the state. As per the 2011 census, around 88% of the population of Tamil Nadu is Hinduism.
Tamil Nadu has all flavors of the tourist attraction. This state is a historically privileged home of various ancient and medieval pilgrimage sites. It has gigantic mountains in the Western Ghats, exhilarating waterfalls, flourishing and dense vegetation, enchanting beaches, impressive monuments, several sacred temples imprinted on the sculptures with the blend of the Dravidian Architecture, fabulous wildlife, etc. Tamil Nadu has numerous scenic spots, elegant scenarios, rich cultural heritage spots with a touch of spiritual essence, and unaffected and impressive diversity. Tamil Nadu consists of 5 UNESCO (United Nations Educational, Scientific and Cultural Organization) world heritage sites they are Mamallapuram Monuments, Thanjavur Brihadeeswarar Temple, Gangaikonda Cholapuram Brihadeeswarar Temple, Darasuram Airavatheeswarar Temple, and Nilgiri Mountain Railway.
The climate of Tamil Nadu state has mostly witnessed monsoon fails and thereby, later on, leads to droughts-prone areas when the monsoon failed. Tamil Nadu state consists of a wide range of national parks, wildlife sanctuaries, and biosphere reserves such as – the Sathyamangalam Tiger Reserve (the largest elephant population in India), Gulf of Mannar Biosphere Reserve (specialized in seaweed seagrass, coral reefs, salt marshes, and mangrove forests), Agasthyamala Biosphere Reserve, Anamalai and Mudumalai National Park and many more. The wildlife sanctuaries and biosphere reservesaim to protect the natural habitat and provide a favorable ecosystem for the endangered species. As per the latest survey, India has a human development index of 0.619, in which the contribution of Tamil Nadu state is 0.736 which is the highest among all the states in the country. Tamil Nadu is among the most literate state in India with a literacy rate of 80.33 percent. In the Economy of Tamil Nadu, the contribution of the agriculture sector plays a crucial role. Tamil Nadu is the leading producer of agricultural products and Tamil Nadu is the fifth largest producer of rice in India.
Capital- Chennai
Top Business Ideas in Tamil Nadu
Vanakkam! If you are thinking to start a business in Tamil Nadu? It is the best place to start a business. Here are some of the amazing business ideas in Tamil Nadu. As we know that Tamilnadu is India’s sixth-largest state, it is located at the southernmost tip of the country. It has a rich cultural heritage and mouth-watering South Indian cuisine. The state also has a rich agriculture sector. The Tamil Nadu State exhibits high economic liveliness and with a high Human Development index (with a literacy rate of around 80%), a good infrastructure, highly attractivewhich is the best in Asia, and it is also India’s leading and innovative knowledge hub. This provides a golden opportunity for entrepreneurs and investors to work on unique ideas for their businesses. Let’s check out the top business ideas available in Tamil Nadu: –
Poultry farming business
Poultry farming is one of the most profitable and cost-effectivebusinesses in Tamil Nadu. If you are thinking to start a small-scale business in Tamil Nadu then this is the best niche to start. In spite of the poultry farming appears to be a lucrativebusiness, but still many people fail because of a devoid of proper enterprise knowledge and business idea. Hence to receive the high returns with less small-scale investment, first, it is been strongly recommended to have a fair and standard knowledge of poultry farming business setup before starting the business. Bakery business
In the past few years, it has been witnessed that there is a consistent increase in the demand for bakery products in Tamil Nadu. Starting with the Bakery business is one of the best business ideas at present in Tamil Nadu. If you do like enjoying the baking stuff and have proper knowledge in this field. Then you should start the business with very small capital investment and you can expand it over time by promoting it. You need to provide the best possible stuffto the customer. However, starting a bakery business is getting more popular these days. It is because it needs very less initial investment. If your Bakery products satisfy the customer then sooner or later your business going to generate enough income.
Startup Ecosystem in Tamil Nadu
The Tamil Nadu state has been at the front line of the economic development of our country. Entrepreneurship and technological advancement with innovation has provided the perfect platform for the state. Hence to boost the existing potential of the Tamil Nadu state, the state government has launched a unique startup policy in 2018. The main motto of this policy is to turn Tamil Nadu into a global innovation hub and the most tested and preferred spot for startups and business ideas. However, The policy is valid only for a period of 5 years from 2018 to 2023. The main purpose of the startup and innovation policy of Tamil Nadu is to provide an enabling atmosphere to the investors, and entrepreneurs for the startup in the state. The main objective of this policy is to partner with the different educational institutions and investors to promote the startup ecosystem. They also care to provide incentives and necessary resources to the startups with mentoring and investing guiding mechanisms. They also focus on reducing the existing tax burden on the startups. Apart from this, they have decided to foster the growth of at least 5000 startups in the state.
Salient Features of LLP registered in Chennai, Tamil Nadu
- 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 Chennai, Tamil Nadu
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 Chennai, Tamil Nadu
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 Chennai, Tamil Nadu
i. Acquire a Digital Signature Certificate (DSC) in Chennai, Tamil Nadu
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 Chennai, Tamil Nadu
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 Chennai, Tamil Nadu
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 Chennai, Tamil Nadu
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 Chennai, Tamil Nadu
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 Chennai, Tamil Nadu
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 Chennai, Tamil Nadu
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 Chennai, Tamil Nadu
Following documents should be available in a scanned format to be attached with the form of registration of LLP in Chennai, Tamil Nadu-
Documents of Prospective Partners in Chennai, Tamil Nadu
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 Chennai, Tamil Nadu
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 Chennai, Tamil Nadu
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 Chennai, Tamil Nadu
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 Chennai, Tamil Nadu
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 Chennai, Tamil Nadu
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 Chennai, Tamil Nadu
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 Chennai, Tamil Nadu
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 Chennai, Tamil Nadu
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 Chennai, Tamil Nadu
Therefore, an LLP registered in Chennai, Tamil Nadu 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!
