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After introduction of LLP Act, many Partnership Firms have started to convert their Partnership Firm into LLP. Since they want to take those benefits which are only available to corporate entity such as unlimited number of partners, separate legal entity, limited liability and ease of transfer. These are the benefits attracts partnership firm to convert themselves into LLP.
Any partnership firm which is registered under Partnership Act, 1932 can be convert into LLP. LLP incorporated by conversion of Partnership Firm to LLP must have same partners as they were in the Partnership Firm. Therefore it is suggested that the Partnership Firm should retire all the Partners who do not wish to be a part of LLP and if new partners are to be added, they should be added after the incorporation of LLP.
- 1. DSC : Partners needs to apply for the DSC. DSC (Digital signature certificate) will be required to start the proceeding of Incorporation.
- 2. DIN/DPIN (Director Identification Number/Designation partner Identification Number) : Each and every partner will apply for DPIN. If any partner already has DIN # then this will work as DPIN.
- 3. Name Approval : Partners will apply for the Name. E-Form-1 needs to be file to ROC for the same.
- 4. Incorporation Form : Once name has been approved by the concerned ROC. Partners will file the Incorporation documents in E-Form-2. Once ROC satisfies that all the compliance met in proper manner. Register shall issue certification of Incorporation. E-Form-17 also filled with E-Form-2. It is an application to ROC for Conversion of Partnership firm into LLP.
- 5. E-Form-3 : Once ROC issue Incorporation certificate to LLP, E-form-3 shall be filled to ROC within 30 days from to date of incorporation. E-form-3 contains the LLP Agreement.
LLP Only be incorporated if partners already have the DIN. Fresh DIN can’t be applied unless there is appointment in any exiting company.