Overview of LLP registration in Thiruvananthapuram, Kerala
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 Thiruvananthapuram, Kerala, 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 Kerala
Kerala is known as “God’s own country” because its enchanting houseboats on the backwaters provide composure to the tourists. Ecotourism initiatives, green scenic beauty, amazing beaches, elegant traditions incorporated with various dance forms, Ayurveda, herbal spas, and mouth watering cuisine attract many tourists to Kerela. Kerala gained its statehood on 1 November 1956 under the passage of the States Reorganization Act.
Kerala is the 21st largest Indian state in terms of area. Kerala shares its boundaries with Karnataka in the north and northeast, Tamil Nadu in the east and south, and the Lakshadweep Sea in the west. Kerala is the 13th largest Indian state in terms of population. Demographically, Malayalam is the official as well as the most widely spoken language of the state. More than half of the population follows Hinduism; other religions followed in Kerela are Islam and Christianity.
As per the survey conducted by the National Statistical Office, India, in 2018, Kerala has the highest literacy rate at 96.2%. Even the auto driver in Kerela speaks fluent English. Kerela has the lowest positive population growth rate in India at 3.44%. and it has the highest sex ratio, i.e., 1084 women per 1000 men. As per the Census of 2011, Kerala is the 2nd most metro political major state in the country, with a 47.7% population engaged in urbanization. As per the annual report of NITI Aayog of 2019, this state also won 1st rank in achieving the sustainable development goals. The economy of Kerala is the 8th-largest in India in terms of gross state domestic product (GSDP) as well as a per capita net state domestic product. The agricultural sector plays a significant role in the contribution of the GDP of the country, especially in products like coconut, tea, coffee, cashew, and spices are essential.
Capital- Thiruvananthapuram
Top business ideas in Kerala
Kerala is a beautiful state and seeks the attention of various investors and industrialists. Comparatively, Kerala has an affordable operating cost for start-up firms than other states. Kerala’s tourism sector has shown a boom in the last few years with around Rs 10 Billion annual investment and employment to more than 1 million people. Hence, Kerala tourism can provide immense opportunities for investors. Kerala is gradually becoming a knowledge-based industry as this state accolades India’s highest literacy rate. So, through this conversion, the startup companies can hire more competent, skilled, and knowledgeable candidates who can be valuable assets to the company. The most incredible and beneficial point is that Kerala is connected through every means of transport, railways, waterways, airways, etc.
Home Decoration Business
Home decoration is of lucrative business for an investor. Not only this, but also it provides employment to the women, making them self-independent. So, if one has the necessary skill set, this can be the perfect interior profitable small business option you must consider. As we move on to a more technological and scientific era, there is no need to set up small stores; instead, you can sell your products online. Products include wall arts, antique pieces, dining accessories, designer vases, and candles.
Electronics & Accessories Business
In this era of globalization, we are witnessing impressive growth in the Number of internet Users and Electronics items buyers. Nowadays, Mobile phones and laptops have become a basic necessity for every individual. These things are cheap and easily affordable by the people. Hence, this is a great business idea for investment. However, this industry has cut-throat competition in the market, both with national and international competitors. So, remember when you start this business, keep the Electronics products and accessories readily available and affordable to the reach of local buyers. Once your business grows, you can invest in high-end electronic manufacturing machines, thereby increasing your productivity. If you formulated the idea as prescribed, it is an extremely successful and cost-effective business idea.
Bakery Business
It is a lucrative and profitable small business idea as it doesn’t require much investment. Besides this, in this era of modernization and credible personalization, you can go with your creative ideas while offering or producing the products. However, to start this business in Kerala, you need to find an enough crowded location with an optimum parking facility. So, if you have the skills or skilled labor, you should invest in this bakery business.
Ayurveda tourism business
Kerala is among the favorite and attractive tourist destinations by both Indians and Foreigners. Sooner individuals across the globe are getting aware of the benefits of Ayurveda. On the other side, Kerala has a very pleasing climate with temperatures gliding between 23-29 degrees, sufficient natural wealth, and adequate rainfall. These climate conditions make Kerala preferably the best place for Ayurveda practices with tourism intact. Hence, to start this business, you will need skilled and experienced labor, property, and necessary equipment; then, you can set up the business model either in cities or countryside areas.
Startup Ecosystem in Kerala
Kerala is at its extreme point of bringing an industrial revolution. Even the youths are eager to pursue their dream by creating a new business idea rather than falling into the repetitive practice of regular employment. Various economic and demographic factors are responsible for the paradigm shift. Even the Government of Kerala has been proactively showing interest in creating various development programs for the inclusion of various plots by our young generation. The years counted from 2010 to 2021 have been proclaimed as the “Decade of Innovation” by our country. It is expected that Kerala will witness an exclusive wave of innovation and entrepreneurial enhancements from different sectors. This year, Kerala’s startup ecosystem will break the records and mark the next level of the quantum leap. Kerala acquires an eccentric business model by connecting Academics, Industries, R&D institutions, and Startups from all over the country.
The government of Kerala has planned to build a strong startup ecosystem through Kerala Startup Mission (KSUM) by constructing and enforcing a forward-looking policy for developing a robust startup ecosystem in the Kerala state to stimulate the growth of entrepreneurial business ideas. Startups in Kerala are finding unique solutions to the problems faced by society by using newer and better ways of experiments with enclosure of future technologies. Their strategy is to look beyond the conventional software production and IT sectors, as the incredible entrepreneurs and investors are being recognized in national and international level experts, forums as they explore new horizons to mark the next quantum leap.
Salient Features of LLP registered in Thiruvananthapuram, Kerala
- 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 Thiruvananthapuram, Kerala
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 Thiruvananthapuram, Kerala
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 Thiruvananthapuram, Kerala
i. Acquire a Digital Signature Certificate (DSC) in Thiruvananthapuram, Kerala
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 Thiruvananthapuram, Kerala
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 Thiruvananthapuram, Kerala
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 Thiruvananthapuram, Kerala
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 Thiruvananthapuram, Kerala
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 Thiruvananthapuram, Kerala
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 Thiruvananthapuram, Kerala
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 Thiruvananthapuram, Kerala
Following documents should be available in a scanned format to be attached with the form of registration of LLP in Thiruvananthapuram, Kerala-
Documents of Prospective Partners in Thiruvananthapuram, Kerala
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 Thiruvananthapuram, Kerala
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 Thiruvananthapuram, Kerala
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 Thiruvananthapuram, Kerala
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 Thiruvananthapuram, Kerala
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 Thiruvananthapuram, Kerala
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 Thiruvananthapuram, Kerala
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 Thiruvananthapuram, Kerala
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 Thiruvananthapuram, Kerala
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 Thiruvananthapuram, Kerala
Therefore, an LLP registered in Thiruvananthapuram, Kerala 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!
