ROC FILING FOR PARTNERSHIP IN AMARAVATI

ROC Filing For Partnership In Amaravati

ROC Filing For Partnership In Amaravati

Blog Article

Overview – ROC Filing for Partnership in Amaravati:

In Amaravati, traditional partnership firms are regulated under the Indian Partnership Act, 1932 and are registered with the state-level Registrar of Firms (ROF), not the Registrar of Companies (ROC). As such, ROC filing obligations do not apply to these traditional firms. While registration with the ROF is optional, it is highly recommended for legal enforceability of the partnership deed and resolution of disputes.

However, if the partnership is structured as a Limited Liability Partnership (LLP) under the LLP Act, 2008, it must adhere to ROC compliance requirements overseen by the ROC office in Hyderabad, which covers Andhra Pradesh. This includes filing Form 3 (LLP Agreement), Form 11 (Annual Return by May 30), and Form 8 (Statement of Accounts & Solvency by October 30) annually. Non-compliance attracts a penalty of ₹100 per day per form. Additionally, LLPs are also required to file income tax returns annually. Thus, ROC filing applies only to LLPs and companies, not to traditional partnership firms.

Eligibility Criteria for ROC Filing for Partnerships in Amaravati
  • LLP Registration: The partnership must be registered as a Limited Liability Partnership under the LLP Act, 2008.
  • MCA Registration & LLPIN: It must be registered with the Ministry of Corporate Affairs and possess a valid LLP Identification Number (LLPIN).
  • Active Status: The LLP should be active on the MCA portal; entities that are inactive or struck off are not eligible.
  • ROC Jurisdiction: The LLP must fall under the jurisdiction of ROC Hyderabad, which oversees entities in Andhra Pradesh and Telangana.
  • LLP Agreement Filing: Form 3 (LLP Agreement) must be filed within 30 days of incorporation to ensure compliance.
  • Annual Filings: The LLP is required to file Form 11 (by May 30th) and Form 8 (by October 30th) annually.
  • PAN & TAN: A valid PAN and TAN are essential for income tax filings and TDS-related submissions.
  • Designated Partners & DSCs: The LLP must have at least two designated partners, including one Indian resident, both holding valid Digital Signature Certificates (DSCs).
Advantages of ROC Filing for Partnerships in Amaravati
  • Legal Recognition: Secures official approval from MCA, boosting the LLP’s credibility and legal validity.
  • Limited Liability Protection: Shields partners' personal assets by limiting their liability to their invested capital.
  • Financial Transparency: Promotes clear and accurate financial disclosures, fostering trust among stakeholders.
  • Enhanced Access to Funding: Ensures compliance, improving the LLP’s eligibility for loans, investments, and grants.
  • Penalty Prevention: Avoids fines and legal complications by adhering to statutory filing deadlines.
  • Smooth Business Operations: Maintains the LLP’s active status for continuous and compliant functioning.
  • Reputation Enhancement: Reflects professionalism, thereby strengthening stakeholder confidence.
  • Facilitated Business Growth: Simplifies adding partners and expanding operations with fewer regulatory hurdles.
Documents Required for ROC Filing for Partnerships in Amaravati
  • Proof of Registered Office: Submit a rent agreement or sale deed for the office premises in Amaravati. For rented spaces, include a No Objection Certificate (NOC) from the owner along with a recent utility bill (not older than 2 months).
  • Identity Proof of Designated Partners: Provide each partner’s PAN card and one valid government-issued ID such as Aadhaar Card, copyright, Voter ID, or copyright.
  • Address Proof of Designated Partners: Submit valid address proof like Aadhaar Card, copyright, Voter ID, or copyright. Alternatively, a recent utility bill or copyright dated within the last 2 months is acceptable.
  • Digital Signature Certificate (DSC): All designated partners must obtain a valid DSC for digitally signing incorporation and compliance documents.
  • Director Identification Number (DIN): Each designated partner must have a DIN; if not, it should be applied for during incorporation.
  • LLP Agreement: Prepare and execute the LLP Agreement outlining partners’ rights and responsibilities, and file it with the Registrar of Companies (ROC) within 30 days of incorporation using Form 3.
  • Incorporation Documents: File the incorporation form (Form 2) on the MCA portal, including details of all partners and their consent letters.
  • No Objection Certificate (NOC): An NOC from the property owner is required for rented registered office premises.

Online Process of ROC Filing for LLPs in Amaravati

Register on the MCA Portal: Visit www.mca.gov.in and create an account by registering with a valid user ID and password. This account is essential for accessing ROC-related services.

Obtain Digital Signature Certificate (DSC): Each designated partner must procure a valid DSC from a government-approved certifying authority to securely sign e-forms and compliance documents.

Apply for DIN/DPIN: Partners who do not already possess a Director Identification Number (DIN) or Designated Partner Identification Number (DPIN) must apply for it via the MCA portal before filing incorporation documents.

Reserve LLP Name: Use the RUN-LLP (Reserve Unique Name) service on the MCA portal to check name availability and reserve a unique, legally compliant name for your LLP.

File LLP Incorporation Form: Submit the LLP incorporation form (FiLLiP) online by uploading all necessary documents, including identity/address proofs, partner details, and the draft LLP agreement.

Submit LLP Agreement (Form 3): After incorporation, file Form 3 within 30 days to officially register the executed LLP Agreement with the ROC, detailing the rights, duties, and obligations of partners.

Meet Annual Compliance Requirements
Ensure timely filing of:

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

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

Report this page