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Explain.E-Form 1 – Application and declaration for incorporation of a company

Avatar 37a3bd7bc7328f0ead2c0f6f635dddf60615e676e6b4ddf964144012e529de45 Uma asked almost 3 years ago

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Avatar 37a3bd7bc7328f0ead2c0f6f635dddf60615e676e6b4ddf964144012e529de45 acharya answered over 2 years ago

Refer the relevant provisions of the Limited Liability Partnership (LLP) Act, 2008 and rules made there under with respect to the matter dealt in the eForm 1 Select option for ‘Incorporating a new Limited Liability Partnership (LLP)’ or ‘Changing the name of an existing Limited Liability Partnership (LLP)’. In case of application for Incorporation of a new Limited Liability Partnership (LLP), Part A and Part C are required to be filled. In case for Changing the name of an existing Limited Liability Partnership, Part B and Part C are required to be filled. PART – A: RESERVATION OF NAME 2 (a) to (i) Enter the details of the applicant. Select whether applicant is an ‘Individual as partner’ or ‘Nominee of a body corporate’. Enter DPIN of the applicant. DPIN should be an approved DPIN.

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Open uri20170510 32134 1c996lj?1494421732 Anil answered over 2 years ago

Form 1 INSTRUCTIONS FOR FILLING OF EFORM – 1 (Application for reservation or change of name) S. No. Detailed Instruction Note: Instructions are not provided for the fields which are self explanatory Refer the relevant provisions of the Limited Liability Partnership (LLP) Act, 2008 and rules made there under with respect to the matter dealt in the eForm 1 Select option for ‘Incorporating a new Limited Liability Partnership (LLP)’ or ‘Changing the name of an existing Limited Liability Partnership (LLP)’. In case of application for Incorporation of a new Limited Liability Partnership (LLP), Part A and Part C are required to be filled. In case for Changing the name of an existing Limited Liability Partnership, Part B and Part C are required to be filled. PART – A: RESERVATION OF NAME 2 (a) to (i) Enter the details of the applicant. Select whether applicant is an ‘Individual as partner’ or ‘Nominee of a body corporate’. Enter DPIN of the applicant. DPIN should be an approved DPIN. On clicking the Pre-Fill button, system will automatically display the name, present residential address, phone, mobile, fax and e-mail ID of the applicant. Enter the occupation of the applicant. 3 Enter the details of two proposed Designated Partners. Please note that one of the Designated Partner (DP) should be resident in India and applicant should be one of the DP. Resident of India means a person who has stayed in India not less than 182 days during immediately preceding 1 year. Select the category of the DP i.e. whether the DP is an ‘Individual as partner’ or ‘Nominee of a body corporate’. In case the DP is individual as partner, enter DPIN. Entered DPIN should be an approved DPIN. On clicking the Pre-Fill button, system will automatically display the name of DP and whether he is resident of India or not. In case the displayed residential status needs to be updated or the residential status is not displayed, you are required to file Form DIN-4 on MCA21 portal for updating the residential status of the DP before filing this Form. In case the DP is nominee of a body corporate, select the type of body corporate. Enter the corporate identity number (CIN) or foreign company registration number (FCRN) or Limited Liability Partnership Identification number (LLPIN) or Foreign Limited Liability Partnership Identification number (FLLPIN) or any other identification number, as applicable. On clicking the Pre-Fill button, system will automatically display the name of the body corporate in case of CIN or FCRN or LLPIN or FLLPIN. For all other cases name of the body corporate is required to be entered. 4 Select the state in which registered office of the proposed LLP is to be situated. 5 Select the office of Registrar in which registered office of the proposed LLP is to be registered. In case the LLP has to be registered in the state of Maharashtra or Tamil Nadu, select the concerned office of Registrar having jurisdiction on district in which the registered office of the LLP will be situated. Maharashtra: Office of Registrar at Pune is having jurisdiction on the following districts – Page 1 of 3 Ahmednagar, Kolhapur, Pune, Ratnagiri, Sangli, Satara, Sindhudurg, Sholapur Office of Registrar at Mumbai is having jurisdiction on the remaining districts in the state Tamilnadu: Office of Registrar at Coimbatore is having jurisdiction on the following districts – Coimbatore, Dharmapuri, Dindigul, Erode, Krishnagiri, Nammakkal, Nilgiris, Salem Office of Registrar at Chennai is having jurisdiction on the remaining districts in the State 6 In case of conversion of firm or a private company / Unlisted public company into LLP, provide details of the firm or the company as the case may be. 7 Description of proposed business activity of the LLP. Ensure that correct details have been provided as the same shall be automatically pre-filled in Form 2 for incorporation of LLP. Further, note that the business activities consisting of banking, insurance, venture capital, mutual fund, stock exchange, asset management and non-banking financial activities are allowed provided that in-principle approval from regulatory authorities is obtained and the same should be attached with Form 2. 8 Enter the amount of proposed monetary value of partner’s contribution in figures and system will automatically display the amount in words. Please note that in case application is for ‘conversion of company into LLP’, value entered should be equal to the paid up capital of the company and in other cases, the value entered should be greater than zero. Ensure that the value entered is correct as the contribution shall not be allowed to be reduced at the time of incorporation of LLP. PART – B: CHANGE OF NAME 9 (a) Enter the Limited Liability Partnership Identification number (LLPIN) of LLP. 10 (a) to (c) Click the Pre-fill button. System will automatically display the name, address of the registered office and the email ID of the LLP. In case there is any change in the email ID, enter the new valid email ID. PART – C: DETAILS REGARDING RESERVATION OF NAME OR CHANGE OF EXISTING NAME OF LLP 13 Enter the proposed name of the LLP. Maximum of six (6) names can be entered. Please note that if the name includes banking, insurance, venture capital, mutual fund, stock exchange, Chartered Accountant, Company Secretary, Cost Accountant, Advocate, CA, CS, CWA etc, a copy of the inprinciple approval of the regulatory authority or council governing concerned profession should be attached with Form 2 at the time of incorporation of LLP. Attachment s Ensure that the attachments as mentioned in the eForm are attached before signing the eForm. Any other information can be provided as an optional attachment. Verification First verification is mandatory. In second verification, select the appropriate point. First point is mandatory to be selected in case of new LLP. Second point is mandatory in case of conversion of existing firm/ company into LLP. Third point is mandatory in case of change of name of existing LLP. Digital signature Eform should be digitally signed by the Designated Partner. Enter the DPIN of the designated partner. DPIN entered should be Approved. Common Instruction Kit Buttons Particulars Pre-Fill This button may appear more than once in an eForm, and shall be required to be clicked for displaying the data pertaining to that field. You are required to be connected to the internet for pre-filling. Attach You have to click the attach button corresponding to the document you are making an attachment. In case you wish to attach any other document, please click the optional attach button. Remove You can view the attachments added to eForm in the rectangle box provided next to the list of Page 2 of 3 attachment attachment. If the user wants to remove or delete any attachment, select the attachment to be removed and press the “Remove attachment” button. Check Form Once the form is filled up. The user is required to press the Check Form button. When this button is pressed form level validation is done such as, Whether all the mandatory fields are filled up or not. If an error is displayed after pressing the button the user is required to correct the mistake and again press the “Check Form” button. When all the form level validation is done. A message is displayed that “Form level pre scrutiny is successful”. The Check Form is done without being connected to the internet. Modify “Modify” button gets enabled after the check form is done. By pressing this button the user can make the changes in the filled in form. If the user makes any change in the form again the user is required to press the “Check Form” button. Pre scrutiny Once the check form is done the user is required to Pre scrutinize the eForm. This requires being connected to the MCA21 site for uploading the form. On pre-scrutiny the system level check is performed and if there are any errors it is displayed to the user and once the error is corrected and again on Pre scrutiny if the message displayed is “No errors found. Click on the button below to “Get Form”. Press the Get Form button and make the required corrections. Note: User is advised to refer to eForm specific instruction kit. Page 3 of 3

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