ROC Filing For Partnership In Jaipur
ROC Filing For Partnership In Jaipur
Blog Article
Overview – ROC Filing for Partnership in Jaipur
In Jaipur, traditional partnership firms are governed by the Indian Partnership Act, 1932, and must register with the Registrar of Firms. As a result, these firms are not required to file with the Registrar of Companies (ROC). Their registration is done at the state level, and they handle statutory and tax compliance separately from ROC procedures.
However, if the business is registered as a Limited Liability Partnership (LLP) or a Private/Public Limited Company, registration and ongoing compliance with the ROC are mandatory under the Companies Act, 2013, or the LLP Act, 2008. In Rajasthan, LLPs and companies are required to file annual returns, financial statements, and other statutory forms with the ROC via the Ministry of Corporate Affairs (MCA) portal to ensure compliance.
Eligibility Criteria for ROC Filing for Partnership in Jaipur
- Entity Type: Only Limited Liability Partnerships (LLPs) registered under the LLP Act, 2008, are required to file with the ROC. Traditional partnership firms are exempt from ROC filing obligations.
- Minimum Partners: An LLP must have at least two designated partners to be recognized as valid.
- Resident Partner Requirement: At least one designated partner must be an Indian resident, with a minimum stay of 182 days or more in India during the previous financial year.
- DIN for Designated Partners: All designated partners are required to obtain a Director Identification Number (DIN).
- Digital Signature Certificate (DSC): Each designated partner must hold a valid DSC to facilitate electronic filing processes.
- Registered Office: The LLP must maintain a registered office in Jaipur and provide proof of address during ROC registration.
- LLP Name: The proposed name must adhere to MCA guidelines, be unique, and not infringe on existing trademarks.
- LLP Agreement: A compliant LLP agreement must be drafted and filed in accordance with the LLP Act.
- Partner Eligibility: Partners should not be insolvent or convicted of offenses involving moral turpitude.
- Foreign Partners: Permitted, provided that at least one designated partner is an Indian resident.
Advantages of ROC Filing for Partnership in Jaipur
- Legal Entity Recognition: Only LLPs registered under the LLP Act, 2008, are mandated to file with the ROC, establishing a distinct legal identity. Traditional partnership firms are not required to do so.
- Ensures Legal Compliance: Filing confirms that the LLP meets all statutory requirements, boosting its credibility and legal legitimacy.
- Protection of Limited Liability: Proper registration with the ROC strengthens the LLP’s limited liability status, protecting partners’ personal assets from business liabilities.
- Builds Business Credibility: ROC registration enhances trust among clients, suppliers, investors, and financial institutions, aiding smoother business operations.
- Promotes Transparency and Accountability: Mandatory filings foster transparency in business activities and financial dealings.
- Supports Funding and Expansion: Registered and compliant LLPs find it easier to access loans, attract investments, and explore growth opportunities.
- Name Recognition and Brand Identity: Securing a unique, MCA-compliant name helps in establishing a strong and recognizable brand presence.
- Legal Structure for Operations: An adequately drafted LLP agreement clearly defines partner roles, responsibilities, and profit-sharing, minimizing disputes.
- Opportunities for Foreign Investment: The LLP structure allows foreign partners, provided at least one Indian resident is involved, opening doors for international collaborations.
- Foundation for Future Growth: ROC compliance provides a robust framework for future expansion, mergers, or acquisitions, ensuring long-term business sustainability.
Documents Required for ROC Filing of Partnership in Jaipur
Proof of Registered Office:
- Rent agreement or sale deed for the office location in Jaipur
- No Objection Certificate (NOC) from the property owner if the office is rented
- Recent utility bill (issued within the last 2 months)
Identity Proof of Partners:
- PAN Card of all designated partners
- Aadhaar card, copyright, Voter ID, or copyright of each partner
Address Proof of Partners:
- Aadhaar card, copyright, Voter ID, or copyright of each partner
- Recent utility bill or copyright (issued within the last 2 months)
Digital Signature Certificate (DSC): Valid DSC for all designated partners authorized to sign documents digitally
Director Identification Number (DIN): DIN for all designated partners, if not already obtained
LLP Agreement:
- Drafted and signed by all partners
- To be filed with the ROC within 30 days of incorporation
Incorporation Documents:
- LLP Form 2 (Incorporation application)
- Details of partners
- Consent letters from all designated partners
No Objection Certificate (NOC): From the owner of the registered office if the premises are rented
Online Process of ROC Filing for Partnership in Jaipur
- Create MCA Account:
- Visit https://www.mca.gov.in
- Register using a valid user ID and password
- Obtain Digital Signature Certificate (DSC): Designated partners must obtain DSCs to digitally sign all required documents
- Apply for DPIN/DIN: Partners lacking a DPIN or DIN should apply through the MCA portal
- Reserve LLP Name: Choose and reserve a unique LLP name via the MCA’s RUN-LLP (Reserve Unique Name) service
- File Incorporation Form: Submit the LLP incorporation application online, including all necessary documents such as the draft LLP agreement
- Upload LLP Agreement: File the LLP agreement using Form 3 within 30 days of incorporation
- Submit Annual Returns & Financial Statements: File Form 11 (Annual Return) and Form 8 (Statement of Accounts & Solvency) annually before their respective due dates through the MCA portal
- File Event-Based Forms: Submit forms like Form 4 for changes in designated partners or other updates as required
- Pay Filing Fees: Pay the prescribed ROC fees online during submission to complete the filing process