ROC Filing For Partnership In Agartala
ROC Filing For Partnership In Agartala
Blog Article
Overview – ROC Filing for Partnership in Agartala
In Agartala, ROC (Registrar of Companies) filing is applicable only to entities registered under the Ministry of Corporate Affairs (MCA), such as Limited Liability Partnerships (LLPs) and companies. Traditional partnership firms, registered under the Registrar of Firms at the state level, are not obligated to file documents with the ROC.
LLPs, however, must comply with the Limited Liability Partnership Act, 2008, by filing their annual return (Form 11) and statement of accounts & solvency (Form 8) through the MCA portal. These filings are mandatory and ensure that the LLP remains legally compliant and active.
Timely ROC filing not only ensures regulatory compliance but also enhances transparency and protects the LLP from penalties or disqualification. In Tripura, as elsewhere in India, following MCA guidelines is crucial for maintaining the good standing of an LLP.
Eligibility Criteria for ROC Filing – Partnership in Agartala
To comply with ROC filing requirements in Agartala, Limited Liability Partnerships (LLPs) must meet the following criteria:
Type of Entity: Only LLPs registered under the LLP Act, 2008 are required to file with the ROC. Traditional partnership firms are exempt.
Minimum Partners: A minimum of two designated partners is mandatory for LLP registration and compliance.
Resident Partner Requirement: At least one designated partner must be a resident of India, having stayed in the country for 182 days or more in the previous financial year.
Director Identification Number (DIN): All designated partners must obtain a valid DIN issued by the Ministry of Corporate Affairs (MCA).
Digital Signature Certificate (DSC): Each designated partner must possess a valid DSC to facilitate secure electronic filings.
Registered Office in Tripura: The LLP must have a registered office address within Tripura, supported by appropriate address proof documents during filing.
LLP Name Guidelines: The proposed LLP name must be unique, compliant with MCA naming norms, and must not infringe on any existing trademark.
LLP Agreement: A properly drafted LLP Agreement must be submitted, outlining the rights, duties, and obligations of the partners, in line with the LLP Act.
Partner Eligibility: All partners must be legally eligible—not declared insolvent or convicted of moral turpitude.
Foreign Partners: Foreign nationals can be partners, provided that at least one partner is an Indian resident.
Advantages of ROC Filing for Partnership In Agartala
Legal Recognition: ROC compliance provides LLPs with official status as a distinct legal entity, boosting credibility and business reputation.
Limited Liability Protection: ROC registration limits partners’ liability to their capital contribution, safeguarding personal assets from business debts.
Increased Transparency: Regular ROC filings promote transparency, fostering trust among investors, clients, and financial institutions.
Simplified Access to Funding: Adhering to ROC regulations improves governance standards, making it easier to secure loans and attract investors.
Business Continuity: ROC-registered LLPs benefit from perpetual succession, ensuring the partnership’s existence remains unaffected by changes in partners.
Regulatory Compliance: Timely ROC filings prevent penalties and legal complications, enabling seamless and lawful business operations.
Documents Required Of ROC Filing for Partnership In Agartala
Proof of Registered Office: Rent agreement or sale deed in Tripura, NOC from owner if rented, recent utility bill (within 2 months).
Identity Proof of Partners: PAN Card of all designated partners, Aadhaar, copyright, Voter ID, or copyright.
Address Proof of Partners: Aadhaar, copyright, Voter ID, or copyright, recent utility bill or copyright (within 2 months).
Digital Signature Certificate (DSC): Valid DSC for all designated partners authorized to sign digitally.
Director Identification Number (DIN): DIN for all designated partners (if not already obtained).
LLP Agreement: Drafted and signed by all partners, filed with ROC within 30 days of incorporation.
Incorporation Documents: Incorporation application (LLP Form 2), details of partners, and consent letters from designated partners.
No Objection Certificate (NOC): NOC from the registered office owner if the office is rented.
Online Process of ROC Filing For Partnership In Agartala
Create MCA Account: Visit https://www.mca.gov.in and register with a user ID and password.
Obtain Digital Signature Certificate (DSC): Designated partners must obtain DSCs to digitally sign all required documents.
Apply for Designated Partner Identification Number (DPIN)/DIN: Partners without a DPIN or DIN must apply for one through the MCA portal.
Reserve LLP Name: Select and reserve a unique LLP name via the MCA’s RUN-LLP (Reserve Unique Name) service.
File Incorporation Form: Submit the LLP incorporation application online on the MCA portal, attaching all required documents including the LLP agreement draft.
Upload LLP Agreement: File the LLP agreement using Form 3 within 30 days of incorporation.
Submit Annual Returns and Financial Statements: File Form 11 (Annual Return) and Form 8 (Statement of Accounts & Solvency) annually before the due dates through the MCA portal.
File Event-Based Forms: Submit relevant event-based forms such as Form 4 for changes in designated partners as needed.
Pay Filing Fees: Complete the process by paying the prescribed ROC fees online during submission.