ROC FILING FOR PARTNERSHIP IN AMARAVATI

ROC Filing For Partnership In Amaravati

ROC Filing For Partnership In Amaravati

Blog Article

Overview – ROC Filing for Partnership in Amaravati


In Amaravati, partnership firms can operate as either traditional partnerships under the Indian Partnership Act, 1932, or as Limited Liability Partnerships (LLPs) under the LLP Act, 2008.


Traditional partnerships are required to register with the Registrar of Firms (ROF) under the state government. These entities are not governed by the Registrar of Companies (ROC), and therefore, ROC filing requirements do not apply to them.


However, LLPs are mandated to register with the Ministry of Corporate Affairs (MCA) and must comply with annual ROC filing obligations. These include:





  • Form 3 – Filing of the LLP Agreement




  • Form 8 – Statement of Accounts and Solvency (due by 30th October)




Eligibility Criteria for ROC Filing – Partnership in Amaravati


1. LLP Registration: The entity must be registered as a Limited Liability Partnership (LLP) under the LLP Act, 2008.


2. MCA Registration & LLPIN: The LLP must appear on the Ministry of Corporate Affairs (MCA) portal with an active LLP Identification Number (LLPIN).


3. Active Status: Only LLPs in active status on the MCA portal are eligible; struck‑off or inactive entities cannot file.


4. ROC Jurisdiction: The LLP must fall under the jurisdiction of ROC Hyderabad, which governs Andhra Pradesh and Telangana.


5. LLP Agreement Filing (Form 3): Form 3—containing the signed LLP Agreement—must be filed within 30 days of incorporation.


6. Annual Compliance Forms





  • Form 11 (Annual Return) — due 30 May each year




  • Form 8 (Statement of Accounts & Solvency) — due 30 October each year




7. PAN & TAN: A valid PAN and TAN are required for income‑tax and TDS compliance.


8. Designated Partners & DSCs





  • Minimum two designated partners, including one Indian resident




  • Each designated partner must hold a valid Digital Signature Certificate (DSC)






  • Form 11 – Annual Return (due by 30th May)




Advantages of ROC Filing for Partnership in Amaravati


1. Legal Recognition: ROC filing provides official approval from the Ministry of Corporate Affairs (MCA), granting the LLP formal legal status and boosting its credibility and trustworthiness in the business ecosystem.


2. Limited Liability Protection: It ensures that the partners’ liabilities are limited to their capital contributions, thereby protecting their personal assets from business debts and legal claims.


3. Financial Transparency: Regular ROC compliance promotes accurate financial reporting, helping build trust with investors, banks, clients, and regulatory bodies.


4. Improved Access to Funding: Compliance reflects sound corporate governance, making the LLP more eligible for bank loans, investor funding, and government grants.


5. Penalty Avoidance: Timely filings help the LLP avoid heavy penalties and legal complications, ensuring smooth, lawful operations.


6. Seamless Business Operations: Maintaining an active status with the ROC enables uninterrupted operations, critical for contract enforcement, financial transactions, and growth.


7. Stronger Market Reputation: A compliant LLP signals professionalism and reliability, which enhances its reputation among stakeholders and potential partners.


8. Simplified Business Expansion: Being in good ROC standing allows easier addition of partners and scaling of operations, with fewer regulatory hurdles during business expansion.



Documents Required for ROC Filing – Partnership in Amaravati




1. Proof of Registered Office





  • Rent Agreement or Sale Deed for the office premises located in Andhra Pradesh




  • For rented premises, include:





    • No Objection Certificate (NOC) from the property owner




    • A recent utility bill (electricity, water, or gas) not older than 2 months






2. Identity Proof of Designated Partners





  • PAN Card (mandatory for all partners): One additional valid government-issued ID:





    • Aadhaar Card




    • copyright




    • Voter ID




    • copyright






3. Address Proof of Designated Partners: Acceptable documents include:







    • Aadhaar Card, copyright, Voter ID, or copyright




    • Alternatively, a recent utility bill or copyright dated within the last 2 months






4. Digital Signature Certificate (DSC): All designated partners must have a valid DSC to electronically sign incorporation and compliance forms.


5. Director Identification Number (DIN)





  • Each designated partner must possess a DIN.




  • If a DIN is not available, it can be applied for during the incorporation process.




6. LLP Agreement





  • Prepare and execute the LLP Agreement, outlining the roles, responsibilities, and profit-sharing ratios of the partners.




  • File the agreement using Form 3 within 30 days of incorporation.




7. Incorporation Documents





  • File Form 2 (Incorporation Document) on the MCA portal.




  • Include details of all partners and their consent letters to act as designated partners.




8. No Objection Certificate (NOC)





  • A NOC from the property owner is mandatory for rented premises used as the registered office.




Online Process for ROC Filing – Partnership in Amaravati




1. Register on the MCA Portal: Visit www.mca.gov.in and create an account using a valid user ID and password to access MCA e-filing services.


2. Obtain a Digital Signature Certificate (DSC): Each designated partner must obtain a valid DSC to securely sign electronic documents related to incorporation and compliance.


3. Apply for DPIN/DIN: Partners who do not already have a Designated Partner Identification Number (DPIN) or Director Identification Number (DIN) must apply for one via the MCA portal.


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


5. File the Incorporation Form: Complete and submit the LLP Incorporation Form (FiLLiP) on the MCA portal. Attach all necessary documents, including ID/address proofs and the draft LLP Agreement.


6. Submit the LLP Agreement (Form 3): File Form 3 within 30 days of incorporation to officially submit the executed LLP Agreement, which defines the roles, rights, and duties of the partners.


7. Fulfil Annual Compliance Requirements





  • File Form 11 (Annual Return) by May 30 each year




  • File Form 8 (Statement of Accounts & Solvency) by October 30 each year







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