ROC FILING FOR PARTNERSHIP IN SHILLONG

ROC Filing For Partnership In Shillong

ROC Filing For Partnership In Shillong

Blog Article

Overview – ROC Filing for Partnership in Shillong

A partnership firm in India is established under the Indian Partnership Act, 1932, when two or more individuals agree to jointly conduct a business and share profits and losses. While registering a partnership is not compulsory, it is highly recommended for legal recognition and smoother operations. In Shillong, the registration and related filings for partnership firms are handled by the Registrar of Firms, rather than the Registrar of Companies (ROC). The Registrar of Firms oversees partnership-related activities, whereas the ROC under the Ministry of Corporate Affairs (MCA) primarily deals with LLPs and companies.

Conversely, if the business is registered as a Limited Liability Partnership (LLP) or a private/public limited company, it must adhere to MCA regulations and regularly file statutory documents with the ROC. LLPs operate under the LLP Act, 2008, and companies under the Companies Act, 2013. These entities are required to submit various filings such as Form 11 (Annual Return) and Form 8 (Statement of Accounts and Solvency) via the MCA portal. Therefore, ROC filings in Shillong are applicable only to LLPs and companies, and not to traditional partnership firms.

Eligibility Criteria for ROC Filing for Partnership in Shillong


Minimum and Maximum Partners: A partnership firm must have at least two partners, with the total number not exceeding 20.

Age and Legal Capacity: All partners should be 18 years or older and legally competent to enter into binding agreements.

Citizenship: Partners may be Indian citizens, Non-Resident Indians (NRIs), or foreign nationals, provided they have obtained the necessary approvals.

Mutual Agreement: All partners must consent collectively to operate the business and share profits and losses as specified in the partnership deed.

Advantages of ROC Filing for Partnership in Shillong


Legal Recognition: Registration provides the partnership with a recognized legal identity and formal status under Indian law.

Right to Sue: A registered partnership can initiate legal proceedings and defend its rights in courts.

Enhanced Credibility: Registration enhances trustworthiness among clients, banks, vendors, and other business stakeholders.

Access to Business Loans: Registered firms find it easier to secure loans, credit facilities, and financial support from financial institutions.

Regulatory Compliance: Ensures adherence to the Indian Partnership Act, 1932, maintaining legal and regulatory standards.

Public Record: Firm details are recorded publicly, promoting transparency and accountability.

Clear Profit Sharing Terms: Registration confirms the agreed-upon profit-sharing ratios among partners.

Continuity in Business: Facilitates smooth restructuring and ensures business continuity during partner changes or disputes.

Better Business Opportunities: Many contracts, tenders, and collaborations require the firm to be officially registered.

Tax Registration Support: Simplifies the process of obtaining PAN, TAN, and other necessary tax documents.

Documents Required for ROC Filing for Partnership in Shillong


1. Proof of Registered Office

  • Rent Agreement or Sale Deed of the premises in Shillong.

  • If rented, a No Objection Certificate (NOC) from the property owner.

  • Recent utility bill (not older than 2 months) at the premises address.


2. Identity Proof of Designated Partners

  • PAN Card of each partner.

  • One of the following: Aadhaar Card, copyright, Voter ID, or copyright.


3. Address Proof of Designated Partners

  • Aadhaar Card, copyright, Voter ID, or copyright.

  • Alternatively, a recent utility bill or copyright (within the last 2 months).


4. Digital Signature Certificate (DSC): Valid DSC for all designated partners to authenticate electronic submissions.

5. Director Identification Number (DIN)

  • Each partner must possess a DIN.

  • If not available, it should be obtained during the incorporation process.


6. LLP Agreement

  • Draft and sign the LLP agreement.

  • File the agreement with the ROC within 30 days of incorporation.


7. Incorporation Documents

  • LLP Incorporation Form (Form 2).

  • Partner details and consent letters from all designated partners.


8. No Objection Certificate (NOC): Required if the registered office is rented, obtained from the property owner.

Online Process of ROC Filing for Partnership in Shillong


1. Register on the MCA Portal

2. Obtain a Digital Signature Certificate (DSC)

  • Each designated partner must acquire a valid DSC.

  • The DSC is essential for digitally signing documents during registration and compliance processes.


3. Apply for DPIN/DIN: Partners without a Designated Partner Identification Number (DPIN) or Director Identification Number (DIN) should apply for one through the MCA portal.

4. Reserve the LLP Name: Use the MCA’s RUN-LLP (Reserve Unique Name) service to select and reserve a unique, compliant name for your LLP.

5. File the Incorporation Form

  • Complete and submit the LLP incorporation form online via the MCA portal.

  • Attach all required documents, including the draft LLP agreement.


6. Submit the LLP Agreement: File the signed LLP agreement using Form 3 within 30 days of the LLP’s incorporation date.

7. Fulfill Annual Compliance: Submit Form 11 (Annual Return) and Form 8 (Statement of Accounts & Solvency) each year before their respective deadlines.

8. Submit Event-Based Filings: For changes such as adding or removing partners, file relevant forms like Form 4 promptly.

9. Pay ROC Filing Fees: Complete each filing by paying the applicable fees online during submission.

 

Report this page