MCA Update: LLP (Second) Amendment Rules, 2018

Outcome UAE Journal – Sep 2018 E-01
September 18, 2018
UAE VAT Update: Insurance
October 8, 2018
This update highlights the recent amendment in specific to Limited Liability Partnership firms
LLP (Second) Amendment Rules, 2018 :
Applicable Law: section 79 (1) & 79(2) of the limited Liability Partnership Act 2008 (6″of 2009)
Effective From: October 02, 2018
New form RUN-LLP:
  • Reserve Unique Name-Limited Liability Partnership (RUN-LLP). Form 1 has been replaced with RUN-LLP, where application for reserving the name of LLP has to be made.
New form FiLLip:
  • LLP Form 2 which was earlier used for registration / incorporation of LLP shall be replaced by Form FiLLiP (Form for incorporation of LLP) for incorporating LLP.
  • Reservation of Name for LLP can also be done through Form FiLLiP.
Dealing Authority:
  • Name reservation and Incorporation to be handled by CRC, Manesar, thus making Incorporation of LLP also centralized process henceforth.
  • Form 5 (Notice for Change of Name of LLP), Form 18 (Application for conversion of Pvt. / Unlisted Public company to LLP) and Form 17 (Application for conversion of firm to LLP) shall be also taken care by CRC, Manesar.
  • Two (2) names can be applied for in Form LLP-RUN.
DIN/DPIN not required:
  • If person does not have DIN/DPIN then the same can be applied through Form FiLLiP.
  • Form FiLLiP can also be used as single form for name reservation, DIN application and LLP incorporation.
Re-submissions:
  • One resubmission to be allowed in Form LLP-RUN with 15 days time from intimation.
  • Two resubmission to be allowed in Form FiLLiP.
  • Time for resubmission- 15 days from intimation each time subject to maximum 30 days resubmission period.
  • Certificate of Incorporation of LLP to be given by CRC in Form 16.
  • Name of LLP need not necessarily to be indicative of it’s resources and abbreviation now allowed. (Clause (viii) and (xiv) of Rule 18 omitted)
 Difference from Company Incorporation
  • PAN-TAN application not merged and hence to be separately applied for.
Notification : http://www.mca.gov.in/Ministry/pdf/LLPSecondAmendRules2018_19092018.pdf
Process Re-engineering Of LLP Incorporation Related Forms Dated : 19.09.2018

 

S No.
Existing e-Form
New e-form
Change Proposed
To be processed by
1
Form 1 (Application for reservation or change of name)
LLP-RUN (Reserve Unique Name) Web Service
Web Service RUN will replace Form 1
Central Registration Centre(CRC) under Non-STP
2
Form2(Incorporation document and Subscriber’s statement)
FiLLiP (Form for incorporating LLP)
  1. FiLLiP will be an integrated form offering multiple services viz. allotment of DIN/Reservation of Name and Incorporation of LLPs.
  2. Consequent upon notification of
  3. FiLLiP, existing Form 2 will be deprecated.
Central Registration Centre(CRC) under Non- STP
3
Addendum to Form 2(Details in respect of designated partners and partners of Limited Liability Partnership)
Addendum to FiLLiP (Details in respect of designated partners and partners of Limited Liability Partnership)
  1. RUN-LLP SRN to be substituted for Form 1 SRN in relevant field
  2. PAN is allowed to be entered in DSC section
Central Registration Centre(CRC) under Non- STP
4
Form 5 (Notice for change of name)
  1. Details which were hitherto getting prefilled in the form (based on Form 1 SRN) shall now be entered by the user.
  2. RUN-LLP SRN to be substituted for
  3. Form 1 SRN in relevant field
Central Registration Centre(CRC) under Non- STP
 5
Form 17(Application and statement for the conversion of a firm into LLP)
Same form with minor Modifications
  1. RUN-LLP SRN to be substituted for Form 1 SRN in relevant field
  2. PAN is allowed to be entered in DSC section
Central Registration Centre(CRC) under Non- STP
6
Form 18 (Application and Statement for conversion of a Private Company/Unlisted Public Company into LLP)
Same form with minor Modifications
  1. RUN-LLP SRN to be substituted for Form 1 SRN in relevant field
  2. PAN is allowed to be entered in DSC section
Central Registration Centre(CRC) under Non- STP
Following process flow changes are proposed to enable the LLP incorporation process reengineering:
  • All Form 1 and Form 2 (along with Form 17/18/Addendum) which are pending processing from the date of notification of revised forms, shall be marked under
  • All forms which have to be resubmitted, must be submitted again in the new web service/new forms
  • All names which have been approved and against which Incorporation form is not filed till the date of notification of revised forms, shall be allowed to be used to file form FiLLiP for ;
  • All names which have been approved and against which Change of name Form 5 is not filed till the date of notification of revised forms, shall be allowed to be used to file in revised Form
Notification : http://www.mca.gov.in/Ministry/pdf/LLPIncorporationProcessReengineering_19092018.pdf
MCA update dated 21.09.2018 on LLP Incorporation:
Please note that as a part of process re-engineering of LLP Incorporation related forms viz. Form 1, Form 2 with linked forms Form 2A /17/18, Form 5, the ‘Pay Later’ option would be temporarily disabled for use in respect of these forms with immediate effect till 1st October 2018
Update Prepared By:
Lalit Rajput, Company Secretary
lalit.rajput@outcomess.com
+91-1140395970