ROC FILING FOR PARTNERSHIP IN BHOPAL

ROC Filing For Partnership In Bhopal

ROC Filing For Partnership In Bhopal

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Overview – ROC Filing for Partnership in Bhopal

In Bhopal, traditional partnership firms are regulated under the Indian Partnership Act, 1932, and are registered with the Registrar of Firms (ROF) at the state level. These firms are not subject to ROC regulations and do not need to undertake ROC filings, as their compliance requirements are managed locally through the ROF.

ROC filing obligations are specifically applicable to entities incorporated under the Companies Act, 2013, or the Limited Liability Partnership (LLP) Act, 2008. As a result, only companies and LLPs are required to fulfil ROC compliance, including annual filings and other statutory submissions. While traditional partnerships are legally recognized, they operate outside the scope of ROC regulatory requirements in Bhopal.

Eligibility Criteria for ROC Filing for Partnership in Bhopal

Governing Law:


  • Traditional Partnerships: Governed by the Indian Partnership Act, 1932, with no ROC filing obligations.

  • LLPs: Governed by the LLP Act, 2008, making ROC filing mandatory.


Registration Authority:

  • Traditional partnerships: Registered with the Registrar of Firms (ROF).

  • LLPs: Registered with the Ministry of Corporate Affairs (MCA) upon obtaining a Certificate of Incorporation.


Filing Requirements:

  • ROC filings such as Form 11 (Annual Return) and Form 8 (Statement of Accounts & Solvency) are applicable only to LLPs.

  • Traditional partnerships do not have any ROC filing obligations.


Event-Based Filings: LLPs must file event-based forms (e.g., Form 4 for partner changes) regardless of the turnover or capital contribution.

Audit Requirement: An audit is mandatory for LLPs if their turnover exceeds ₹40 lakh or capital contribution surpasses ₹25 lakh.

Advantages of ROC Filing for Partnership in Bhopal

Legal Recognition: Filing with the ROC confers LLPs with the status of a separate legal entity, boosting their credibility and strengthening their business reputation in the market.

Limited Liability Protection: Partners' personal assets are protected since their liability is limited to their specified capital contributions, reducing personal financial risk.

Enhanced Transparency: Regular ROC filings foster transparency in financial and operational matters, which helps to build trust and confidence among clients, investors, and other stakeholders.

Easier Access to Capital: Demonstrating compliance and good governance through ROC filings makes LLPs more appealing to investors and financial institutions, facilitating easier access to funding.

Business Continuity: LLPs benefit from perpetual succession, meaning the business can continue seamlessly despite changes in partnership, ensuring stability and ongoing operations.

Regulatory Compliance: Timely and accurate filings help avoid legal penalties and issues, ensuring the business operates smoothly within the legal framework.

Documents Required for ROC Filing for Partnership in Bhopal

Incorporation Documents:

  • Digital Signatures (DSCs) of designated partners

  • Director Identification Number (DIN) or Designated Partner Identification Number (DPIN)

  • Executed LLP Agreement


Identity Proof of Partners:

  • PAN Card (mandatory)

  • One valid ID such as Aadhaar, copyright, or Voter ID


Address Proof of Partners: Recent utility bill, copyright, or copyright issued within the last two months

Registered Office Proof:

  • Rent agreement or ownership deed of the registered office

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

  • Recent utility bill of the registered office


Additional Documents (if applicable):

  • Consent letters from partners

  • LLP compliance declarations or affidavits


Form-Specific Attachments: Audited financial statements, LLP agreement copies, and other documents as required for specific ROC filings

Online Process of ROC Filing for Partnership in Bhopal

Online Process of ROC Filing for Partnership in Bhopal

  1. Create MCA Account: Register on the Ministry of Corporate Affairs (MCA) portal at https://www.mca.gov.in by creating a user ID and password.

  2. Obtain DSC: Designated partners must acquire Digital Signature Certificates (DSC) to digitally sign documents.

  3. Apply for DPIN/DIN: Partners who do not have a Director or Designated Partner Identification Number (DIN/DPIN) can apply for one through the MCA portal.

  4. Reserve LLP Name: Use the MCA’s RUN-LLP service to check the availability and reserve a unique name for your LLP.

  5. File Incorporation Form: Complete and submit the LLP incorporation application online along with all required documents.

  6. Upload LLP Agreement: File the LLP Agreement using Form 3 within 30 days of incorporation.

  7. Submit Annual Returns & Financial Statements: Annually file Form 11 (Annual Return) and Form 8 (Statement of Accounts and Solvency) before deadlines.

  8. File Event-Based Forms: Submit forms such as Form 4 for partner changes or other events as they occur.

  9. Pay Filing Fees: Pay all applicable ROC filing fees online to complete each submission successfully.


 

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