Deciding the designated partners among the shareholders (minimum 2 designated partners and one of them should be resident of India). Only shareholders of the Company can be the partners of LLP. (In case of Body Corporate who was the member of the Company, desires to act as designated partner of LLP, in that case their nominee can be appointed as the designated Partners.)
Apply for DSC and DIN in case if the shareholder who are going to be designated partner.
Apply in e-Form RUN LLP (Rule 18(5) for name reservation.) A Board resolution passed by the Company approving the conversion into LLP shall be attached with the aforesaid form.
The Partners are required to subscribe their names along with signatures to the subscription sheet, which shall be witnessed by any chartered Accountant/Company Secretary/Advocate in practice.
File e-form FILLIP (Incorporation documents, statement of partners and subscription sheet address proof.)
File application for conversion in e-Form 18 to be submitted by the Shareholder of the Company covering details if Company i.e. name, registration number and date of Incorporation of the Company, consent of all shareholders of the Company along with required details alongwith conversion documents. The Registrar shall issue a certificate of registration under his seal in Form 19.
Draft LLP Agreement and consent letters and obtain signature.
File e-Form 3 (agreement details) within 30 days from conversion.
Information required:-
Identity Proof, Residence Proof for DIN/DSC
Registered Office Address and Registered Office Address Proof.
Form 3 (agreement)
Place where agreed
Date of Agreement
Date of ratification
Business activities to be carried on by the LLP, on incorporation
Clause relating to resolution of disputes
Rights and duties of Partners
LLP Agreement
Statement of shareholders
Statement of Assets and Liabilities of the company duly certified as true and correct by the auditor not older than 30 days from the date of application for conversion
List of all the unsecured creditors along with their consent.
Details required for filing of Conversion Application.
Whether any security interest in the assets of the company is subsisting or in force
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 any body / authority. etc