ROC FILING FOR PARTNERSHIP IN BHUBANESHWAR

ROC Filing For Partnership In Bhubaneshwar

ROC Filing For Partnership In Bhubaneshwar

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Overview – ROC Filing for Partnership in Bhubaneswar

In Bhubaneswar, traditional partnership firms are governed by the Indian Partnership Act, 1932 and are registered with the Registrar of Firms (ROF) at the state level. These partnerships are not subject to filing requirements with the Registrar of Companies (ROC). While ROF registration is not mandatory, it is highly recommended to ensure legal recognition and the enforceability of the partnership deed.

On the other hand, businesses registered as Limited Liability Partnerships (LLPs) or Private/Public Limited Companies fall under the purview of the Ministry of Corporate Affairs (MCA) and are required to comply with mandatory ROC filings.

  • LLPs are governed by the LLP Act, 2008

  • Companies are governed by the Companies Act, 2013

These entities must file a series of statutory forms through the MCA portal, including:

  • Form 11 – Annual Return

  • Form 8 – Statement of Accounts and Solvency

  • Form 4 – Event-based filings such as appointment or resignation of partners/designated partner

Eligibility Criteria for ROC Filing – Partnership in Bhubaneswar

To be eligible for ROC filing in Bhubaneswar, a business must be structured as a Limited Liability Partnership (LLP) under the LLP Act, 2008. Traditional partnership firms, governed by the Indian Partnership Act, 1932, are not subject to ROC filing requirements.

1. Type of Entity

  • Only LLPs are required to file with the Registrar of Companies (ROC).

  • Traditional partnerships are excluded from ROC compliance.

2. Minimum Number of Designated Partners: An LLP must have at least two designated partners.

3. Indian Resident Partner Requirement: At least one designated partner must be a resident of India, defined as someone who has resided in India for 182 days or more during the preceding financial year.

4. Director Identification Number (DIN): All designated partners must obtain a DIN (Director Identification Number) before incorporation.

5. Digital Signature Certificate (DSC): Each designated partner must have a valid DSC to digitally sign documents during the online filing process.

6. Registered Office Address

  • The LLP must maintain a registered office in Odisha.

  • Valid proof such as a rental agreement, utility bill, and No Objection Certificate (NOC) (if applicable) must be provided.

7. LLP Name Compliance

  • The proposed name must:

    • Follow MCA naming guidelines

    • Be unique

    • Not infringe on any existing trademarks

8. LLP Agreement: A legally valid LLP Agreement must be drafted and filed with the ROC within 30 days of incorporation.

9. Partner Eligibility

  • Individuals proposed as partners must:

    • Not be insolvent

    • Not have been convicted of an offense involving moral turpitude

10. Foreign Partners: Foreign nationals can act as designated partners, provided at least one designated partner is a resident of India.

Advantages of ROC Filing for Partnership in Bhubaneswar

1. Legal Recognition: Filing with the Registrar of Companies (ROC) grants a Limited Liability Partnership (LLP) the status of a separate legal entity, reinforcing its credibility and projecting a professional image to clients, investors, and government authorities.

2. Limited Liability Protection In a ROC-registered LLP, partners enjoy limited liability, meaning their personal assets are shielded from business debts. Their exposure is confined to the amount invested, reducing financial risk.

3. Enhanced Transparency & Accountability: Regular ROC filings ensure clear financial reporting and compliance, building long-term trust with stakeholders, including banks, partners, and regulatory bodies.

4. Improved Access to Capital: Consistent ROC compliance highlights the LLP’s governance and reliability, increasing its appeal to investors, financial institutions, and government grant providers.

5. Seamless Business Continuity: An LLP benefits from perpetual succession, meaning the business continues uninterrupted regardless of changes in partnership—offering stability and longevity.

6. Regulatory Confidence & Risk Management: On-time filings safeguard the LLP from legal penalties, late fees, and regulatory hurdles, ensuring the business remains legally sound and efficiently run.

Documents Required for ROC Filing – Partnership in Bhubaneswar

1. Registered Office Proof

  • Ownership Premises: Attach the sale deed as ownership proof.

  • Rented Premises: Submit a valid rent agreement along with a No Objection Certificate (NOC) from the property owner.

  • Utility Bill: Include a recent electricity, water, or property tax bill (not older than 2 months).

2. Identity Proof of Designated Partners

  • Mandatory: PAN Card for each designated partner.

  • Additional ID: Any one of the following – Aadhaar Card, copyright, Voter ID, or copyright.

3. Address Proof of Designated Partners Acceptable address proofs include:

  • Aadhaar Card

  • copyright

  • Voter ID

  • copyright
    OR a recent utility bill or copyright (issued within the last 2 months).

4. Digital Signature Certificate (DSC): All designated partners must have a valid DSC to digitally sign documents during incorporation and filing.

5. Director Identification Number (DIN): A DIN is required for every designated partner. If not available, it must be obtained during the registration process.

6. LLP Agreement

  • Prepare and sign the LLP Agreement defining the roles, responsibilities, and profit-sharing structure.

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

7. Incorporation Documents

  • File LLP Form 2 through the MCA portal.

  • Include:

    • Details of all designated partners

    • Consent letters from partners

    • Relevant KYC documents

8. No Objection Certificate (NOC): If using a rented space as the registered office, an NOC from the property owner is mandatory.

Online Process of ROC Filing – Partnership in Bhubaneswar

1. Create an MCA Account
Visit www.mca.gov.in and register using a valid user ID and password to access ROC e-filing services.

2. Obtain Digital Signature Certificate (DSC)
Each designated partner must secure a valid DSC to electronically sign incorporation and compliance-related documents.

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

4. Reserve LLP Name
Use the RUN-LLP (Reserve Unique Name) service to propose and reserve a distinct, MCA-compliant name for the LLP.

5. File Incorporation Form
Submit the LLP incorporation application online via the MCA portal. Upload all required documents, including the draft LLP Agreement and partner details.

6. Submit LLP Agreement (Form 3)
File the duly executed LLP Agreement within 30 days of incorporation using Form 3 to formalize the structure and terms of the partnership.

7. Annual ROC Compliance

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

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

8. Event-Based Filings: File Form 4 and other applicable forms for changes like partner additions, resignations, or updates in partner details.

9. Pay Filing Fees: Pay the prescribed ROC fees online at the time of each submission to successfully complete the filing process.

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