ROC FILING FOR PARTNERSHIP IN KOHIMA

ROC Filing For Partnership In Kohima

ROC Filing For Partnership In Kohima

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Overview – ROC Filing for Partnership in Kohima

In Kohima, traditional partnership firms are governed by the Indian Partnership Act, 1932, and are registered with the state-level Registrar of Firms (ROF). These firms are not subject to ROC (Registrar of Companies) compliance, and filing with the ROC is not required. Although registration with the ROF is optional under the law, it is highly recommended for legal validation of the partnership deed and to ensure enforceability in case of disputes.

However, if a business is structured as a Limited Liability Partnership (LLP) under the LLP Act, 2008, or as a Private/Public Limited Company under the Companies Act, 2013, it must register with the Registrar of Companies (ROC) under the Ministry of Corporate Affairs (MCA). These entities are obligated to file incorporation documents, annual returns, financial statements, and event-driven forms via the MCA portal. Therefore, ROC filing in Nagaland applies strictly to LLPs and companies, while traditional partnerships remain under a separate compliance regime managed by the ROF.

Eligibility Criteria for ROC Filing – Partnership in Kohima

1. Applicable Entity Type: ROC (Registrar of Companies) filing is applicable only to Limited Liability Partnerships (LLPs) registered under the LLP Act, 2008. Traditional partnerships governed by the Indian Partnership Act, 1932 are exempt from ROC filing requirements.

2. Governing Laws & Registration Authorities:

  • Traditional Partnerships: Regulated by the Indian Partnership Act, 1932 and registered with the Registrar of Firms (ROF).

  • LLPs: Governed by the LLP Act, 2008 and registered with the Ministry of Corporate Affairs (MCA), which issues the Certificate of Incorporation.

3. ROC Filing Obligations for LLPs:

  • Annual Compliance:

    • Form 11 – Annual Return

    • Form 8 – Statement of Accounts and Solvency

  • Event-Based Filings: Forms like Form 4 must be submitted for changes in partners or structure, regardless of turnover.

  • Audit Requirement: LLPs must undergo a mandatory audit if:

    • Annual turnover exceeds ₹40 lakh, or

    • Capital contribution exceeds ₹25 lakh.

Advantages of ROC Filing for Partnership in Kohima

1. Legal Recognition: ROC compliance grants LLPs a distinct legal identity, enhancing their credibility and legitimacy in the eyes of regulators, clients, and business partners.

2. Limited Liability Protection: Once registered, an LLP shields partners’ personal assets by limiting liability to the capital invested—protecting them from business debts or losses.

3. Enhanced Transparency: Mandatory filings with the ROC promote operational transparency, fostering trust among stakeholders such as investors, banks, and clients.

4. Easier Access to Capital: A strong compliance track record improves the LLP’s eligibility for loans, funding, and government schemes by demonstrating sound governance.

5. Business Continuity: LLPs enjoy perpetual succession, allowing smooth operations even if there are changes in partners or ownership structure.

6. Legal Safeguard: Timely ROC filings ensure adherence to statutory obligations, helping avoid hefty penalties, legal scrutiny, and reputational risks.

Documents Required for ROC Filing – Partnership in Kohima

1. Incorporation Documents:

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

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

  • Duly executed and signed LLP Agreement

2. Identity Proof of Partners:

  • PAN Card (mandatory)

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

3. Address Proof of Partners: Latest utility bill, copyright, or copyright (issued within the last 2 months)

4. Registered Office Proof:

  • Rent agreement or property ownership deed

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

  • Recent utility bill (not older than 2 months) for address verification

5. Additional Supporting Documents (if applicable):

  • Consent letters from all designated partners

  • Statutory declarations and compliance undertakings as per MCA norms

6. Form-Specific Attachments:

  • Audited financial statements (if applicable)

  • Certified copy of the LLP Agreement

  • Other documents as specified under individual ROC filing forms (Form 3, Form 4, Form 8, Form 11, etc.)

Online Process of ROC Filing for Partnership in Kohima

1. Create MCA Account: Visit the Ministry of Corporate Affairs (MCA) portal and register by creating a user ID and password to access e-filing services.

2. Obtain Digital Signature Certificates (DSCs): All designated partners must acquire valid DSCs to digitally sign incorporation and compliance documents securely.

3. Apply for DPIN/DIN: If not already obtained, apply for a Designated Partner Identification Number (DPIN) or Director Identification Number (DIN) through the MCA portal.

4. Reserve LLP Name: Use the RUN-LLP (Reserve Unique Name) service on the MCA portal to select and reserve a unique, compliant LLP name.

5. File Incorporation Form: Fill and submit the FiLLiP (Form for incorporation of LLP) online, attaching required documents such as ID/address proofs and the draft LLP Agreement.

6. Upload LLP Agreement: Within 30 days of incorporation, submit the finalized and signed LLP Agreement via Form 3 on the MCA portal.

7. Submit Annual Filings
Comply with yearly obligations by filing:

  • Form 11 (Annual Return) by May 30

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

8. File Event-Based Forms: File Form 4 and other relevant forms to report changes like addition/removal of partners or modifications in LLP structure.

9. Pay ROC Filing Fees: During each submission, pay the applicable statutory filing fees online to complete the process successfully.

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