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How to Do LLC Company Registration in India

July 12, 2024 / by Tetra Consultants / 0
How to Do Llc Company Registration in India

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    • When considering LLC Company Registration in India, it is essential to understand the versatility of this business structure, blending characteristics of both corporations and partnerships/sole proprietorships. While LLCs offer limited liability protection akin to corporations, their setup and maintenance resemble that of partnerships or sole proprietorships, making them an attractive option.  
    • Although the concept of LLCs has not fully transitioned to India, residents can establish a US-based LLC with a US address, phone number, and bank account. This article serves as a comprehensive guide for those seeking to register company in India, providing step-by-step instructions and invaluable tips for a smooth and stress-free process. Let us embark on this journey together! 

    What is LLC in India? 

    • In India, a Limited Liability Company (LLC) is a distinct legal entity, falling under the umbrella of various company types governed by the Indian Companies Act. Resembling both limited liability partnerships and sole proprietorships, LLCs boast simplified legal procedures. Often referred to as a Limited Liability Corporation, LLCs have been recognized as such since their inception. Formed under the Indian Companies Act 1956, LLCs offer members limited liability, distinguishing them from private limited companies. Each member is shielded from individual responsibility for the misconduct or liabilities of others, aligning with company regulations. The process of LLC registration mirrors that of private or public limited companies, culminating in the issuance of a registration certificate by the Registrar of Companies. 

    Documents required for LLC company registration in India 

    • PAN Card copies of all the partners 
    • Passport sized photographs of all the partners. 
    • Water/ electricity/ telephone bill or the latest bank statement to serve as a proof of registered office space. 

    Copy of the sale deed/ property deed, in case of an owned property. 

    • NOC from the property owner. 
    • Copy of the Rent Agreement. 
    • NOC from the landlord, the format for which will be provided by us. 
    • Copy of Passport, if the partners are NRIs/Foreign citizens, duly certified. 
    • Digital Signature Certificates. 

    Steps for LLC company registration in India 

    Step 1: Choose name for business 

    • As to start the process for LLC company registration in India, Tetra Consultants will proceed to submit applications for name approval with the Registrar of Companies. We provide name reservation services to our clients. This crucial step guarantees the distinctiveness of your company name. Additionally, we extend our services to include international trademark registration, safeguarding your brand name on a global scale. 

    Step 2: Comply with pre-requirements 

    • There are various pre-requirements which is required to be complied with in order to have a legally operational LLC in India. The requirements includes: 
    • An LLP requires a minimum of two partners. 
    • At least one designated partner must be a resident of India. 
    • There is no minimum capital requirement. 
    • A registered office location is required within India. 

    Step 3: Prepare documents 

    • Once you have met all prerequisites, Tetra Consultants proceed to fulfill the diverse document requirements. These documents, including the Articles of Association (AoA) and Memorandum of Association (MoA), are crucial for obtaining the incorporation certificate from the Registrar. 

    Step 4: Register LLC with RoC 

    • Continuing the registration process, Tetra Consultants manage the LLC registration with the Registrar of Companies (RoC) via MCA filing. This involves completing Form-2 and Form-4 and submitting them to the Ministry of Corporate Affairs (MCA). Our dedicated team ensures meticulous completion and submission of these forms, streamlining the registration procedure for your LLC. 

    Step 5: Comply with PAN and TAN requirements 

    • For income tax deduction purposes, PAN and TAN are essential requirements. Tetra Consultants offer seamless assistance in submitting the necessary documents to the Income Tax Department. With our expertise, you can navigate the process effortlessly, ensuring compliance and facilitating smooth tax operations for your company. Trust us to handle the paperwork efficiently, allowing you to focus on your business priorities with peace of mind. 

    Step 6: Open a business bank account 

    • Upon the successful completion of LLC company registration in India, our team of experts will offer comprehensive support throughout the corporate bank account opening procedure. With our assistance, you can anticipate the establishment of a business bank account within 4 weeks of incorporation, guaranteeing seamless financial operations for your company. 

    Tax obligations applicable after LLC company registration in India 

    • Regarding the taxation of an Indian LLP, it is crucial to understand that local laws recognize it as a distinct legal entity independent of its owners. For tax compliance, an LLP must be registered with the Income Tax Department, which oversees both taxation and VAT registration processes in India. Various taxes apply to this business structure, ensuring adherence to regulatory requirements and contributing to the country’s revenue system. 
    • The income tax rate for an Indian LLP is 30%. 
    • A surcharge of 12% applies to income tax if the company’s income exceeds INR 10 million. 
    • India imposes a health and education surcharge at a rate of 4%. 
    • LLPs may be subject to Minimum Alternate Tax (MAT) at a rate of 18.5% on total income. 
    • LLPs mandated for audit must fulfil tax obligations through the online platform of the Income Tax Department, as per Section 44AB of the Income Tax Act, 1961. 

    Conclusion 

    • Tetra Consultants stand as your trusted partner in LLC company registration in India, offering unparalleled expertise and support at every stage of the process. From navigating legal requirements to facilitating document submissions and bank account setup, our dedicated team ensures a seamless experience.  
    • With our guidance, you can confidently establish your LLC in India, knowing that every detail is meticulously handled. Trust Tetra Consultants to streamline the registration journey, allowing you to focus on realizing your business goals with ease and confidence. Let us empower your venture and pave the way for success in the dynamic Indian market. 
    • Contact us to know more about LLC company registration in India and our team will revert back in 24 hours. 

    Tetra Consultants

    Tetra Consultants is the consulting firm that works as your advisor and trusted partner in your business expansion. We tell our clients what they need to know, instead of what they want to hear. Most importantly, we are known for being a one-stop solution for our valued clients. Contact us now at enquiry@tetraconsultants.com for a non-obligatory free consultation. Our team of experts will be in touch with you within the next 24 hours.

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