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Conversion of Company into LLP

 

Conversion of Company into LLP 

Company to LLP Conversion

PRE-REQUISITES FOR CONVERSION

  • No Pending of Eforms 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.
Company to LLP Conversion

PROCEDURE

  • 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)
Company to LLP Conversion

ATTACHMENTS

  • 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

Company to LLP Conversion

All the shareholders of the Company to be partners in the LLP. No one else can be partner in LLP.

 

Company to LLP Conversion

There will be NO SECURITY INTEREST subsisting or in force at the time of application in the assets of the Company.

 

Company to LLP Conversion

Every Designated Partner is required to obtain a DIN from the Central Government.

 

Company to LLP Conversion

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).

 

Company to LLP Conversion

Whether up to date Income-tax return is filed under the Income-tax Act, 1961.

 

Company to LLP Conversion

Whether any prosecution initiated against or show cause notice received by the company for alleged offences under the Companies Act, 1956.

 

Company to LLP Conversion

Whether any proceeding by or against the company is pending in any Court or Tribunal or any other Authority.

 

Company to LLP Conversion

Whether any conviction, ruling, order, judgment of any Court, Tribunal or other authority in favour of or against the company is subsisting.

 

Company to LLP Conversion

Whether any clearance, approval or permission for conversion of the company into limited liability partnership is required from anybody/ authority.