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Conversion from Private Limited Company to Limited Liability Partnership (LLP)

All you need to know

Private Limited Company and Limited Liability Partnership are two different concepts and two different business forms. The main concern for business owners is which form of business benefits them the most. In recent time the Concept of LLP has emerged as it is a form of business entity, which allows individual partners to be free from the concept of joint liability of partners in a partnership firm And for that reason many business owners are turning towards the conversion of a Pvt Ltd co. to LLP.

 

Prime reason why the concept of LLP has evolved is because of its simplicity in formation and easy maintenance. It helps owners also to limit their liabilities. This is the biggest advantage of an LLP over a traditional partnership firm. LLP has a blend of the benefits of a Company and a Partnership Firm namely. limited liability feature of a company and flexibility of a partnership firm. No partner is liable on account of unauthorized actions of other partners, thus individual partners are shielded from joint liability created by another partner’s misconduct.  LLP form of organisation is usually preferred by Professionals, Micro and Small businesses that are family owned or closely-held.

 

Register your Limited Liability Partnership now with Ebizfiling at an affordable price.

 

Conditions to fulfil for conversion of Private Limited Company (Pvt Ltd Co.) to LLP:

  • Each member of the company requires agreeing with the choice of conversion.
  • All members of the Private Limited Company will become the partners of the LLP.
  • The most up-to-date copy of Income tax return must be filed with the Registrar of Companies.
  • Not only the members, but also all the creditors of the private company must agree with the conversion.
  • According to Companies Act, no prosecution should start any process to be followed

 

Effect of Conversion of Pvt Ltd Co. to LLP:

The following are some of the implications due to the conversion of a company into a LLP: 

  • The private company is dissolved after conversion. 
  • The name of the private limited company will be removed from the register of the ROC. 
  • The conversion will not affect existing liabilities, obligations, agreements, contracts and continued employment. 

 

Company has to intimate all the authorities concerned about the conversion and make necessary changes in all the registrations and licenses.

 

Make your decision easy: LLP or Private limited Company- Comparison between two Important Business forms. 

 

EbizFiling.com is an eminent business platform and a progressive concept, which helps end-to-end incorporation, compliance, advisory and management consultancy services to clients in India and abroad. Incorporating a Limited Liability Partnership is easy, seamless, cheapest and quickest with EbizFiling.com! Apart from an LLP, EbizFiling.com also helps entrepreneurs with Private Limited Company Registration, Public Limited Company Registration, Partnership Registration, HUF, One Person Company and Proprietorship Firm Registration easily. You may get in touch with us for free advisory on all the services.

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Here are best alternatives you get

ESSENTIAL

15999/-

(All Inclusive)

  • 2 DSC
  • Name Approval
  • Form 18
  • LLP Incorporation Certificate
  • LLP Agreement
  • PAN
  • TAN
  • Government Fees Upto 1 Lakh Authorised Capital
  • Preparation of statement of assets and liabilities
  • Professional certification on statement of assets and liabilities
Popular

ENHANCED

18999/-

(All Inclusive)

  • 2 DSC
  • Name Approval
  • Form 18
  • LLP Incorporation Certificate
  • LLP Agreement
  • PAN
  • TAN
  • Government Fees Upto 10 Lakh Authorised Capital
  • Preparation of statement of assets and liabilities
  • Professional certification on statement of assets and liabilities

ULTIMATE

22999/-

(All Inclusive)

  • 2 DSC
  • Name Approval
  • Form 18
  • LLP Incorporation Certificate
  • LLP Agreement
  • PAN
  • TAN
  • Government Fees Upto 50 Lakh Authorised Capital
  • Preparation of statement of assets and liabilities
  • Professional certification on statement of assets and liabilities

Benefits of Conversion of Private Ltd Co. to LLP

Few points to make your decision easy

No Minimum Capital

No minimum capital is required to form a LLP. no minimum capital contribution requirement. It can be registered even with Rs. 1000 as total capital contribution.

Audit Not Required

In case of LLP no mandatory Audit is required. The audit is required only when the turnover of the company exceeds Rs 40 lakhs and where the contribution exceeds Rs 25 lakhs.

Easy Transfer

Interest in LLP can be easily transferred by introducing new Designated Partner. LLP is a separate legal entity and changing a Designated Partner doesn’t affect its existence.

Separate Legal Entity

LLP enjoys the benefit of Separate Legal Identity in the eyes of law which clearly states that assets and liabilities of the business are not the assets and liabilities of the Partners.

Tax Benefits

It is also exempted from various taxes such as dividend distribution tax and minimum alternative tax. The rate of tax on LLP is less than as compared to the company.

Multiple Relationships

A person can be a partner, employee or creditor of a Limited Liability Partnership. There can be different contracts with the same person in different capacities.

Documents Required for Conversion from Private Limited Company to LLP

Documents required

  • Photograph, PAN Card & ID proof of all the Partners
  • Electricity Bill or any other utility bill for the address proof of the Registered Office
  • Consent of each of the shareholders of the company for conversion of the firm into LLP in the given format
  • Statement of assets and liabilities from the company
  • List of all the creditors along with their consent

Special requirement

  • Clearance/no-objection certificate from tax authorities.
  • Incorporation document in E Form FiLLiP
  • Form 3- Form of application and declaration of incorporation of an LLP
  • Approval from any other country
  • Optional attachments, if any
  • Authorization to make a declaration

Conversion from Private Ltd Co. to LLP -Process Flow

 

A small procedure for your quick understanding

1

Obtain DPIN & DSC

2

Reserve your LLP Name

3

Filing LLP Agreement

4

Filing of Forms

5

Incorporation Certificate as LLP

Fill in a Simple Checklist

Our Compliance Manager will get in touch with you to obtain your documents along with a simple checklist. You need to fill up the checklist and submit along with the documents for processing. Our expert team will verify documents and proceed with the conversion of Pvt Ltd co. to an LLP formalities. All throughout the process, a dedicated Compliance Manager will keep you updated on the progress of the conversion to LLP.

DIN, Name reservation & filing of forms

We will start the process of conversion of Private limited company to Limited liability Partnership by making an application for the DIN (Digital Signature- DSC) and subsequently name reservation application. Names should be unique and suggestive of Limited Liability Partnership business. It usually takes 1-2 days to get the name approved. Apart from this we would need to file different forms such as E for FiLLiP, Form 18, Form 3 etc.

Certificate of Incorporation as LLP

Once the name is approved and form for conversion of Limited Liability Partnership from a Private Limited Company i.e. Form 18 is filed successfully, we will proceed to obtain the Certificate of Incorporation and registration as an LLP (Limited Liability Partnership). After receiving the incorporation certificate of Limited Liability Partnership we will file Form 14 to give an intimation to the ROC. it has to be filed within 15 days of the date of conversion. 

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FAQS on conversion of Private Ltd Co. to LLP

Get answers to all your questions here

  • Can an existing partnership firm be converted to LLP?

    Yes, an existing partnership firm can be converted into LLP by complying with the Provisions of the LLP Act.

  • Can an existing company be converted to LLP?

    Yes, any existing private company or existing unlisted public company can be converted into LLP by complying with the Provisions of the LLP Act.

  • Can LLP give any other address (besides its registered office) for the purpose of receiving communication from Registrar?

    LLP shall have option to declare one more address within the jurisdiction of same ROC (other than the registered office) for getting statutory notices/letters etc. from Registrar.

  • How can a person become partner of an LLP?

    Persons, who subscribed to the “Incorporation Document” at the time of incorporation of LLP, shall be partners of LLP. Subsequent to incorporation, new partners can be admitted in the LLP as per conditions and requirements of LLP Agreement.

  • Whether any Annual Return would be required to be filed by an LLP?

    Every LLP would be required to file Annual Return with ROC. A duly authenticated Annual Return in e- Form-11, is to be filed with the Registrar, together with the prescribed fee, within a period of 60 days from the closure of every financial year.

  • Still have confusion?

    Don’t worry!! Our expert will help you to choose best suitable plan for you. Get in touch with our team to get all your queries resolved. Write us on hi@ebizfiling.com or call us @+91 9643 203 209

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