ROC FILING FOR PARTNERSHIP IN AIZAWL

ROC Filing For Partnership In Aizawl

ROC Filing For Partnership In Aizawl

Blog Article

Overview – ROC Filing for Partnership in Aizawl

In Aizawl, partnerships can be structured either as traditional partnership firms under the Indian Partnership Act, 1932, or as Limited Liability Partnerships (LLPs) governed by the LLP Act, 2008.

Traditional partnerships are registered with the Registrar of Firms (ROF) at the state level. These entities are not required to file with the Registrar of Companies (ROC). However, registering with the ROF is strongly recommended to provide legal validity and enforceability of the partnership agreement.

On the other hand, LLPs must be registered with the Ministry of Corporate Affairs (MCA) and are subject to mandatory ROC filings. These include:

  • Form 11 (Annual Return),

  • Form 8 (Statement of Accounts and Solvency),

  • and event-based filings like Form 4 (changes in partners or their details).

Eligibility Criteria for ROC Filing – Partnership in Aizawl

1. Applicable Entity Type:
Only Limited Liability Partnerships (LLPs) are required to file with the Registrar of Companies (ROC). Traditional partnership firms are not subject to ROC filing.

2. Governing Legislation:

  • Traditional Partnerships: Regulated under the Indian Partnership Act, 1932. These do not require ROC filings.

  • LLPs: Governed by the Limited Liability Partnership Act, 2008. ROC filings are mandatory.

3. Registration Authority:

  • Traditional Partnerships must be registered with the Registrar of Firms (ROF) at the state level.

  • LLPs are registered with the Ministry of Corporate Affairs (MCA) and receive a Certificate of Incorporation.

4. Applicability of ROC Filing:

  • ROC forms such as Form 11 (Annual Return) and Form 8 (Statement of Accounts & Solvency) apply only to LLPs.

  • Traditional partnerships are not required to comply with these filings.

5. Event-Based Compliance for LLPs:
Regardless of turnover or activity, LLPs must file event-based forms (e.g., Form 4 for changes in partners).

6. Audit Requirement for LLPs:
Statutory audit becomes mandatory for an LLP if:

  • Annual turnover exceeds ₹40 lakh, or

  • Capital contribution exceeds ₹25 lakh.

Advantages of ROC Filing for Partnership in Aizawl

1. Legal Recognition
ROC compliance provides LLPs with official legal status as separate entities, enhancing their credibility, trustworthiness, and professional image in the market.

2. Limited Liability Protection
Filing with the ROC ensures that partners' liabilities are limited to their capital contributions, thereby safeguarding personal assets from business-related debts and risks.

3. Enhanced Transparency
Regular ROC filings promote financial and operational transparency, building trust with clients, investors, lenders, and regulatory bodies.

4. Improved Access to Funding
Adherence to ROC norms signals good governance and financial discipline, making it easier for LLPs to secure loans and attract potential investors.

5. Business Continuity
A ROC-registered LLP enjoys perpetual succession, ensuring the firm continues to operate uninterrupted despite changes in partnership.

6. Statutory Compliance and Penalty Avoidance
Timely and accurate ROC filings help maintain regulatory compliance, thereby avoiding fines, penalties, and legal complications.

Documents Required for ROC Filing – Partnership in Aizawl

To complete ROC filing for a Limited Liability Partnership (LLP) in Aizawl, the following documents are essential:

1. Incorporation Documents:

  • Valid Digital Signature Certificates (DSCs) for all designated partners

  • Director/Designated Partner Identification Numbers (DIN/DPIN)

  • A duly executed and signed LLP Agreement

2. Identity Proof of Partners:

  • PAN Card (mandatory for all partners)

  • One additional government-issued ID proof such as Aadhaar Card, copyright, or Voter ID

3. Address Proof of Partners:

  • Recent utility bill, copyright, or copyright (dated within the last 2 months)

4. Registered Office Proof:

  • Rent agreement or ownership deed of the premises

  • No Objection Certificate (NOC) from the property owner (if rented)

  • Recent utility bill for the registered office (not older than 2 months)

5. Additional Documents (if applicable):

  • Consent letters from designated partners

  • LLP compliance declarations or statements, if required

6. Form-Specific Attachments:

  • Audited financial statements

  • LLP Agreement copy

  • Any other supporting documents as mandated by the specific ROC form being filed (e.g., Form 8, Form 11, Form 4)

Online Process for ROC Filing – Partnership in Aizawl

To ensure compliance for a Limited Liability Partnership (LLP) in Aizawl, follow the step-by-step online ROC filing procedure outlined below:

1. Register on the MCA Portal
Visit the Ministry of Corporate Affairs (MCA) website and create an account using a valid User ID and password.

2. Obtain Digital Signature Certificate (DSC)
Each designated partner must acquire a valid Digital Signature Certificate (DSC) to electronically sign incorporation and compliance forms.

3. Apply for DIN/DPIN
If a designated partner does not already have a Director Identification Number (DIN) or Designated Partner Identification Number (DPIN), they must apply for one via the MCA portal.

4. Reserve LLP Name
Use the RUN-LLP (Reserve Unique Name) service on the MCA portal to propose and secure a legally valid and unique name for your LLP.

5. File Incorporation Application
Submit the LLP incorporation form online by attaching all required documents, including identity/address proofs and the draft LLP Agreement.

6. File LLP Agreement (Form 3)
Within 30 days of incorporation, file Form 3 to submit the finalized LLP Agreement, establishing the structure, roles, and responsibilities of partners.

7. File Annual Compliance Forms
Annually submit:

  • Form 11 (Annual Return), and

  • Form 8 (Statement of Accounts and Solvency)
    These filings are mandatory via the MCA portal to maintain legal compliance.

8. Submit Event-Based Forms
In case of changes such as the addition/removal of partners or changes in partner details, file Form 4 or other relevant event-based ROC forms promptly.

9. Pay ROC Filing Fees Online
Complete each submission by paying the applicable ROC filing fees through the MCA portal’s secure payment gateway.

 

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