ROC FILING FOR PARTNERSHIP IN IMPHAL

ROC Filing For Partnership In Imphal

ROC Filing For Partnership In Imphal

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Overview – ROC Filing for Partnership in Imphal:

In Imphal, traditional partnership firms operate under the Indian Partnership Act, 1932 and are registered with the Registrar of Firms, not the Registrar of Companies (ROC). As a result, ROC filing requirements do not apply to such firms. However, if a partnership is converted into a Limited Liability Partnership (LLP) under the LLP Act, 2008, the business must then comply with ROC regulations mandated by the Ministry of Corporate Affairs (MCA).

For LLPs, annual compliance is mandatory. This includes filing Form 11 (Annual Return) by May 30 and Form 8 (Statement of Account & Solvency) by October 30 each financial year. Additionally, event-based filings—such as changes in partners or amendments to the LLP agreement—must also be reported to the ROC. Failure to meet these compliance obligations can result in financial penalties and loss of active status. Therefore, while traditional partnerships are exempt from ROC filings, LLPs must strictly adhere to the prescribed legal framework.

Eligibility Criteria for ROC Filing – Partnership in Imphal

Applicable Entity Type: ROC (Registrar of Companies) filing is mandatory only for Limited Liability Partnerships (LLPs) registered under the LLP Act, 2008. Traditional partnership firms, governed by the Indian Partnership Act, 1932, are not required to file with the ROC.

Registration Authorities:

  • Traditional Partnerships: Registered with the Registrar of Firms (ROF) at the state level.

  • LLPs: Registered with the Ministry of Corporate Affairs (MCA) and issued a Certificate of Incorporation and LLPIN.

Mandatory ROC Filings for LLPs:

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

  • Form 8 (Statement of Accounts & Solvency) – Due by October 30 annually.

  • Form 4 – Required for any changes in partners or designations, regardless of turnover.

Audit Applicability for LLPs:
A statutory audit is mandatory if:

  • Annual turnover exceeds ₹40 lakh, or

  • Capital contribution exceeds ₹25 lakh.

Advantages of ROC Filing for Partnership in Imphal

Legal Recognition: ROC registration provides Limited Liability Partnerships (LLPs) with a distinct legal identity, boosting their credibility in the eyes of regulators, banks, and clients.

 Limited Liability Protection: Partners enjoy protection from personal liability, as their financial responsibility is limited to their capital contributions—safeguarding personal assets from business risks.

 Operational Transparency: Mandatory ROC filings (Forms 11, 8, and others) promote financial and procedural transparency, fostering trust among investors, creditors, and stakeholders.

 Easier Access to Finance: Compliant LLPs are more attractive to banks and investors, facilitating smoother access to credit, funding, and government schemes.

 Business Continuity: LLPs enjoy perpetual succession, ensuring that the business continues uninterrupted even if there are changes in partners or management.

Regulatory Assurance: Timely and accurate ROC compliance minimizes the risk of penalties, disqualification of partners, or legal complications—supporting long-term operational stability.

Documents Required for ROC Filing – Partnership in Imphal

1. Incorporation Documents:

  • Digital Signature Certificates (DSC) of all designated partners

  • Director Identification Number (DIN) or Designated Partner Identification Number (DPIN)

  • Duly executed and signed LLP Agreement

2. Identity Proof of Partners:

  • PAN Card (mandatory for each partner)

  • One additional ID proof: Aadhaar Card, copyright, or Voter ID

3. Address Proof of Partners: Recent utility bill, copyright, or copyright (not older than 2 months)

4. Registered Office Proof:

  • Rent agreement or property ownership deed

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

  • Utility bill of the premises dated within the last 2 months

5. Additional Documents (if applicable):

  • Consent letters from all designated partners

  • Statutory declarations or compliance undertakings as required

6. Form-Specific Attachments:

  • Audited financial statements (if applicable)

  • Copy of the LLP Agreement

  • Any additional documents mandated by specific ROC forms (e.g., Form 8, Form 11, or Form 4)

Online ROC Filing Process for Partnership in Imphal

1. Create an MCA Account: Visit the official Ministry of Corporate Affairs (MCA) website and register by creating a valid user ID and password to access ROC filing services.

2. Obtain Digital Signature Certificate (DSC): All designated partners must obtain a valid DSC to securely sign incorporation and compliance documents online.

3. Apply for DPIN/DIN: Partners without a Designated Partner Identification Number (DPIN) or Director Identification Number (DIN) must apply for it through the MCA portal before proceeding.

4. Reserve LLP Name: Use the RUN-LLP (Reserve Unique Name) service to reserve a unique and compliant LLP name in accordance with MCA naming guidelines.

5. File Incorporation Application: Submit the online incorporation form through the MCA portal, attaching all necessary documents, including the draft LLP agreement and partner declarations.

6. Upload LLP Agreement (Form 3): File the final, signed LLP Agreement within 30 days of incorporation using Form 3, specifying the roles, rights, and responsibilities of partners.

7. File Annual Returns and Statements
Annually submit:

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

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

8. Submit Event-Based Filings: File Form 4 or other event-based forms to report changes in designated partners, capital contribution, or registered office address.

9. Pay ROC Filing Fees: Complete the filing by paying the applicable government fees online to ensure timely and valid submission.

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