ROC FILING FOR PARTNERSHIP IN DELHI

ROC Filing For Partnership In Delhi

ROC Filing For Partnership In Delhi

Blog Article

Overview - ROC Filing for Partnership in Delhi

In Delhi, traditional partnership firms are registered under the Indian Partnership Act, 1932, with the Registrar of Firms and are not required to file documents with the Registrar of Companies (ROC). However, Limited Liability Partnerships (LLPs), established under the LLP Act, 2008, are mandated to comply with ROC filing requirements. This involves submitting incorporation documents, annual returns, and financial statements within specified deadlines to ensure legal compliance and prevent penalties.

ROC filings enhance transparency, promote adherence to regulatory standards, and improve the LLP’s credibility among stakeholders. Timely and accurate filing with the ROC in Delhi helps ensure smooth business operations and reinforces the LLP’s legal standing with investors, clients, and regulatory authorities.

Eligibility Criteria for ROC Filing for Partnership in Delhi


  1. LLP Formation: The partnership must be legally registered as a Limited Liability Partnership (LLP) under the LLP Act, 2008. Traditional partnerships are not eligible for ROC filings.

  2. MCA Registration & LLPIN: The LLP must be registered with the Ministry of Corporate Affairs (MCA) and possess a valid LLP Identification Number (LLPIN).

  3. Active Status: The LLP should have an active status on the MCA portal, without being dormant, suspended, or struck off.

  4. Registered Office: The LLP’s registered office must be situated within the jurisdiction of the Registrar of Companies in Delhi.

  5. LLP Agreement Submission: The LLP Agreement (Form 3) must be filed within 30 days of the LLP’s incorporation.

  6. Annual Filing Requirements: The LLP is required to file the Annual Return (Form 11) by May 30 and the Statement of Accounts and Solvency (Form 8) by October 30 each financial year.

  7. PAN & TAN: The LLP must have a valid Permanent Account Number (PAN) and Tax Deduction and Collection Account Number (TAN) for tax compliance purposes.

  8. Designated Partners: The LLP should have at least two designated partners, including one resident in India, all of whom must possess valid Digital Signature Certificates (DSCs) for filing purposes.


Advantages of ROC Filing for Partnership in Delhi

  1. Official Legal Recognition: ROC filing grants formal legal status to the LLP, enhancing its credibility and building trust among stakeholders.

  2. Protection of Personal Assets: Partners' personal assets are safeguarded, as their liability is limited to their invested capital.

  3. Legal Compliance: Regular filings ensure adherence to statutory regulations, reducing the risk of fines and legal issues.

  4. Increased Transparency: Consistent submission of financial and statutory documents promotes transparency, boosting confidence among investors, clients, and authorities.

  5. Better Access to Capital: Compliance with ROC requirements improves the LLP’s eligibility for bank loans, investor funding, and government schemes.

  6. Uninterrupted Business Operations: Maintaining current registration through timely filings ensures smooth business functioning and regulatory compliance.

  7. Enhanced Market Reputation: Fulfilling legal obligations demonstrates professionalism and reliability, strengthening relationships with clients, partners, and stakeholders.

  8. Ease of Expansion: ROC compliance simplifies adding new partners, updating records, and scaling the business with fewer regulatory obstacles.


Documents Required for ROC Filing for Partnership in Delhi

  1. Partnership Deed: A legally binding document outlining the partnership terms, including partner roles, responsibilities, profit-sharing ratios, and other key provisions.

  2. Proof of Registered Office Address: Valid documents verifying the firm's official address in Delhi, such as a rent agreement, utility bill, or sale deed.

  3. Partner Identity Proof: Government-issued ID proof for each partner, such as Aadhaar Card, copyright, Voter ID, or copyright.

  4. Partner Address Proof: Recent address verification documents like a utility bill, copyright (issued within the last two months), or other government-issued address proofs.

  5. Firm PAN Card: The Permanent Account Number (PAN) card of the firm, required for tax and regulatory compliance.

  6. Digital Signature Certificates (DSC): Mandatory for all designated partners to electronically sign and authenticate ROC filings.

  7. Consent Letters: Written consent from partners confirming their agreement to their designated roles and responsibilities, where applicable.

  8. No Objection Certificate (NOC): From the property owner if the registered office is leased or rented.

  9. LLP Agreement: The duly drafted and signed LLP agreement, detailing the rights, duties, and obligations of the partners, if applicable.


Online Process for ROC Filing for Partnership in Delhi

  1. Register on the MCA Portal: Access the Ministry of Corporate Affairs (MCA) website (www.mca.gov.in) and create an account by entering valid user details.

  2. Secure Digital Signature Certificates (DSC): All designated partners must obtain DSCs to digitally sign and authenticate ROC filings and related documents.

  3. Apply for DIN/DPIN: Partners without a Director Identification Number (DIN) or Designated Partner Identification Number (DPIN) should apply for these via the MCA portal.

  4. Reserve Name: Use the RUN-LLP (Reserve Unique Name) service on the MCA portal to select and reserve a distinctive name for the partnership.

  5. Gather Incorporation Documents: Collect all required documents, including the partnership deed, identity and address proofs, and partners’ consent letters.

  6. File Form 2 (Incorporation Application): Fill out and submit Form 2 online on the MCA portal, attaching all necessary documents along with the draft LLP agreement.

  7. Upload LLP Agreement (Form 3): Within 30 days of incorporation, upload the signed LLP Agreement using Form 3.

  8. Track Application Status: Regularly monitor the status of your application on the MCA portal and respond promptly to any queries or requests from the Registrar of Companies.

  9. Download Certification: Once approved, download the Certificate of Incorporation and the LLP Identification Number (LLPIN).

  10. Ensure Ongoing Compliance: Submit annual filings such as the Annual Return (Form 11) and the Statement of Accounts & Solvency (Form 8) within the prescribed deadlines to stay compliant with MCA regulations.

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