Procedure of LLP (Limited Liability Partnership) Formation

Step by step procedure of  LLP (Limited Liability Partnership) Formation, in India.

*** Updated as on February 23rd,2014 ***

What’s Updated? – MCA Circular on : Use of word ‘National’, ‘Bank’, ‘Exchange’, ‘Stock Exchange’ in the names of Companies or Limited Liability Partnerships (LLPs).  Refer General Circular No. 2/2014

Step 1: Apply for DIN 1

Apply for obtaining DIN (Director Identification Number) of proposed Designated Partners.

Need to attach following documents (self attested) by an applicant along with DIN1 Form:-

a)  1 passport size photograph in physical or a soft copy (in .JPEG format)

b)   Address Proof: Passport / Driving license having pin code / Election card. Or Electricity bill / Telephone bill / Bank statement certified by Bank Manager which should not be older than 2 months.

c)   Identity Proof: PAN Card (Mandatory field of DIN form)

d)   Email address of the applicant (Mandatory field of DIN form)

e)  Mobile Number (Mandatory field of DIN form)

f)  Annexure DIN1 (Verification of an applicant) to be signed by an applicant

In case of Foreign Partner / NRI, the Passport copy is mandatory requirement as a proof of identity. The address proof should not be older than 1 year from the date of filing of the  eForm. The Passport copy and address proof should be notarized by the Consulate of the Indian Embassy, Foreign public notary or Company secretary in full time employment / CEO / Managing director of the Indian company in which he / she proposed to be a director.


Need to apply for Digital Signature Certificate of 2 Designated Partners. Need to attach documents (Identity Proof and Address Proof) with DSC application form same as mentioned for DIN 1. An applicant is required to affix photo and sign across the photo on DSC application form and on 2nd page.

In case of a Foreign Partner / NRI, the Passport copy and address proof should be notarized by the Consulate of the Indian Embassy, Foreign public notary or Company secretary in full time employment / CEO / Managing director of the Indian company in which he / she proposed to be a director.


Need to file e-Form 1 with for name availability. The applicant also need to give 5/6 proposed names in preference along with their meaning and significance of each word.

Refer Name Availability Guidelines issued by MCA.


After this, Form 1 shall be checked by the Government (Registrar of Companies) in detail and may suggest some changes to be made in the attachments or form itself. Need to make necessary changes, if any.


After Form 1 is approved by the Government (Registrar of Companies), the next step is to file Incorporation Document & Subscription Statement in E-Form2.


1) Address Proof (Electricity/Telephone/Property Tax Bill) of not older than 2 months self attested by one of the partners.

2) Incorporation Document & Subscription Statement (signed by each Designated Partner and witnessed by Professional).


After verification by government (ROC) and satisfied by it, it shall send soft copy of Certificate of Incorporation via email in Form 16 and physical Certificate of Incorporation by post.


Need to draft LLP agreement duly printed on  Stamp Paper and signed by each Designated Partner with the signatures of two witnesses. Note : The stamp duty applicable for agreement will vary from State to State depending upon the total contribution of LLP.


Need to file following e-forms with the Government simultaneously within 30 days from the date of receipt of Certificate of Incorporation.

a)      Form 3- LLP Agreement

As per updated ROC Procedure,  no need to file Form 4 for appointment of same partners mentioned in Form 2. Refer the **Note** at the end for more details.


After verification by the Government and satisfied by it, it approves LLP Agreement. This is the last step of LLP Incorporation. The Company can start it’s business now onward.

**Note** : Any existing Limited Liability Partnership (LLP) will need to file the particulars of designated partners/ partners with the registrar at the time of their appointment along with any subsequent changes in the particulars of partner(s) thereafter. eForm 4 is required to be filed for appointment of new Partners and/ or cessation/change in designation of existing partner/ designated partner. No need to file Form 4 for appointment of same partners mentioned in Form 2. The change in the particulars of designated partner or partner having DIN shall be updated in the system through eForm DIN 4 and LLP shall file an intimation thereof in this form.

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The information / articles & any replies to the comments on this blog are provided purely for informational and educational purposes only & are purely based on my understanding / knowledge. They do not constitute legal advice or legal opinions. The information / articles & any replies to the comments are intended but not promised or guaranteed to be current, complete, or up-to-date and should in no way be taken as a legal advice or an indication of future results. Therefore, I can not take any responsibility for the results or consequences of any attempt to use or adopt any of the information presented on this blog. You are advised not to act or rely on any information/article contained without first seeking the advice of a Practicing Professional.

487 thoughts on “Procedure of LLP (Limited Liability Partnership) Formation

  1. Hi Madam,

    If the form 2 is approved by the RoC and LLP agreement is yet to execute, then is it possible to add new partners or designated partners in the same LLP agreement. Or is it possible to file form 3 with the partners or designated partners mentioned in Form 2 only?

  2. Hi Ma’am, we have opened an LLP with residence address. We wanted to open current account with bank, but bank wants company name board. Is it mandatory to have company name board?

  3. Hello Mam,
    we are planning to start a business wherein we can source agro and food products from india or abroad and export it to other countries. For such type of business , Can I for LLP ? Can we individually form LLP , or we have to go through CA / CS only ?
    What are charges ?

  4. Can an LLP be opened with residence address? Is office mandatory?

  5. Thank you for comment.
    1. Form 3 LLP is required to be filed within 30 days from date of LLP incorporation. This is mandatory.
    2. Please refer Stamp Act applicable to Karnataka.
    3. Stamp duty online is not provided on MCA portal.
    4. Notary for LLP agreement is not necessary. Signature will be verified by ROC.
    5. You cannot increase contribution in form 3 . the contribution shall be as per form 2.

  6. Do the partners need to sign on all pages of the LLP agreement?

  7. Mam after 30 days of LLP incorporation designated partners entered in to LLP agreement.

  8. Hi meenal
    Can a designated partner withdraw from incorporation after name approval…

    • Before that LLP agreement with existing partners should be executed and signed. Form 3 is to be filed within 30 days of registration of LLP . After approval of form 3, LLP can appoint new partner and remove existing partner.

  9. Can a director of dormant company become a designated partner in LLP.. He wants to incorporate new LLP… Or Roc will reject the form 2.

  10. Hi Meenal,

    The information provided on the blog is quite helpful. Would be greatful if you can help me out with below queries in relation to Form 3 for LLP:
    1. Are the entire paragraphs of partnership deed required to be reproduced in the form or only para reference of partnership agreement would suffice?
    2.What is required to be filled in point 16 of Form 3?
    3.What is the timeline taken by ROC for providing approval of Form 3?

    Many thanks in advance.

  11. what about the cost of registration?

  12. Hello Mam,

    We have incorporate a LLP on 25th February, 2017, and made llp agreement on 01st February, 2017, after name approval but before Incorporation. Now we are filing Form 3, that require us to mention date of ratification in case initial agreement was made prior to Incorporation. What we have to do to ratify the Agreement, we already notorized the Agreement on 01st Feb, 2017. Kindly provide resolution.

    • The LLP agreement must be signed by designated partners after incorporation of LLP. Now purchase fresh stamp paper and obtain signatures of partners, specify date of LLP agreement after date of LLP’s incorporation. Then Form 3 will accept the date and you can file form successfully.

  13. A proprietor runs a proprietory concern. He has two creditors. Now, the creditors and proprietor wants to make it LLP.

    i) can a LLP be formed and the proprietorship concern be taken over? or
    can the Proprietor’s business itself be converted into LLP? Which is the best one?

    ii) Can the creditor’s loan be converted into capital? If yes, the book value of creditors in balance sheet be considered as capital of two creditors?

  14. I want to start cattle farming business with 2 partners , can I make LLP for that, and we can do multiple business in same company name?

  15. Whether LLP agreement need to get it notarized before submitting with RoC – MCA ?

  16. Hello man i have a firm in llp and we are two partner now i want to leave the company so what are the procedure and guidelines pls suggest

  17. After the formation of LLP witin how many days, Partners contribution should be deposited into the LLPs current account and what would be the mode by chaque or cash

  18. what can i do if the validity period of reservation of llp name expired? can i extend the name reservation validity period through any procedure. if any please let me know.

  19. I want to start a company on my own with minimal capital.

    How to register it and when can I start operation?

  20. Mam please help me i have file LLP form-1 and i got an error whether residential address is not prefilled u have to file DIR-6 and then fill form-1 LLP.Mam what should i do its urgent basis. i need to register LLP as soon as possible….is there any solution to filed form-1 without filing form dir-6

  21. I wanted to check on how to get the signature on the DIN form

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