Conversion of Company into LLP
PRE-REQUISITES FOR CONVERSION
- No Pending of E–forms filed by Company.
- No Charges should subsist at MCA site.
- One financial year must over.
- Update filing of all forms and returns.
- Update income tax filings.
- Board Resolution regarding Change of Company’s Status.
- Filing of form 1 for Name availability
- Filing of form 2 for Incorporation document and subscriber’s statement (With subscriber Sheet and Proof of address)
- Filing of form 18 for Application and Statement for conversion of a private company/ unlisted Public company into limited liability partnership (LLP)
- Copy of Certificate of Incorporation of LLP formed.
- Copy of incorporation document submitted in Form 2 (with the Registrar of Firms).
- Other optional attachments as may be required.
Checks for Conversion of Company into LLP
All the shareholders of the Company to be partners in the LLP. No one else can be partner in LLP.
There will be NO SECURITY INTEREST subsisting or in force at the time of application in the assets of the Company.
Every Designated Partner is required to obtain a DIN from the Central Government.
All the E-FORMS which are required for the purpose of incorporating the LLP are filed electronically. Therefore, for the purpose of signing these forms, the Designated Partner of the proposed LLP needs to obtain a Digital Signature Certificate (DSC).
Whether up to date Income-tax return is filed under the Income-tax Act, 1961.
Whether any prosecution initiated against or show cause notice received by the company for alleged offences under the Companies Act, 1956.
Whether any proceeding by or against the company is pending in any Court or Tribunal or any other Authority.
Whether any conviction, ruling, order, judgment of any Court, Tribunal or other authority in favour of or against the company is subsisting.
Whether any clearance, approval or permission for conversion of the company into limited liability partnership is required from anybody/ authority.