What are the compliance requirements after a company is registered?

After registering a company in India, it is essential to meet specific compliance requirements to remain operational and avoid penalties. Below are the key compliance obligations: Appointment of a Statutory Auditor: A statutory auditor must be appointed within 30 days of incorporation to audit the company's accounts. Filing of Annual Returns: Submit Form MGT-7 annually to the Ministry of Corporate Affairs (MCA) to disclose shareholder and company information. Filing Financial Statement: File Form AOC-4 annually to report the company's financial statements. Conducting Board Meetings: Hold at least four board meetings annually, ensuring compliance with company governance norms. Income Tax Filing: File ITR-6 annually, irrespective of whether the company has income or is non-operational. Maintenance of Books of Accounts: Keep accurate and updated records of all financial transactions as per legal requirements. GST Filing (if applicable): File GST returns (monthly, quarterly, or annually) depending on the company's turnover.

Can a foreign national or NRI be a director in an Indian company?

Yes, foreign nationals and NRIs can be directors of an Indian company if: 1. The company has at least one resident director who has lived in India for at least 182 days in the previous calendar year. 2. They obtain a Director Identification Number (DIN) and a Digital Signature Certificate (DSC). 3. They provide required documents, including a passport, proof of address, and a consent declaration. Note: Ensuring compliance with these requirements is crucial to avoid legal issues. Platforms like IncorpX can help with the documentation and registration process.

How can I conduct a company name search online?

To conduct a company name search: 1. Visit the MCA Name Availability Tool on the MCA website. 2. Enter your proposed company name in the search bar. 3. The system will display names that are identical or similar to your query. 4. Ensure compliance with Companies Act, 2013 naming guidelines: Avoid using restricted or offensive words. Ensure the name reflects the company's objectives. You can use the IncorpX Company Name Search Tool for quick and accurate results. Enter your proposed company name to check for identical or similar names. Ensure your name complies with the Companies Act, 2013, avoiding restricted words and aligning with your company's objectives. Pro Tip: Check the trademark database to ensure the name is not trademarked by another entity.

What is the difference between authorized capital and paid-up capital?

Authorized Capital: The maximum amount of share capital a company is permitted to issue as per its Memorandum of Association (MOA). Paid-Up Capital: The actual amount received by the company from shareholders for the shares issued. Example: If a company's authorized capital is ₹10,00,000, it cannot issue shares exceeding this value. If the paid-up capital is ₹5,00,000, this means shareholders have contributed ₹5,00,000 for the shares issued so far.

How much does it cost to register a company in India?

The cost depends on the type of company. Key expenses include: Government Fees: Name Reservation: ₹1,000 SPICe+ Form Filing: ₹2,000 (for authorized capital up to ₹10 lakh). Professional Fees: ₹5,000-₹20,000 charged by chartered accountants or company secretaries. Additional Costs: Digital Signature Certificate (DSC): ₹500-₹2,000 per director PAN and TAN: Included in SPICe+ filing. Note: Costs are subject to change based on specific requirements and additional compliance needs.

How do I open a current bank account for my company?

To open a current bank account, submit the Certificate of Incorporation, PAN, Memorandum and Articles of Association, Board Resolution authorizing account opening, and KYC documents of directors to the chosen bank.

Does a private limited company have perpetual existence?

Yes, a private limited company has perpetual existence, meaning it continues to exist regardless of changes in ownership or the death of its members.

What are articles of association and memorandum of association?

The Memorandum of Association (MOA) defines a company's objectives, scope, and relationship with external parties. The Articles of Association (AOA) outline the rules and regulations for the company's internal management and governance.

What are the penalties for non-compliance with annual filings?

Penalties for non-compliance with annual filings include: A late filing fee of ₹100 per day, per form. Disqualification of directors for up to 5 years. Fines ranging from ₹50,000 to ₹5,00,000 for the company and responsible officers. In severe cases, the company may be struck off the MCA register. Additionally, non-compliance can result in operational restrictions, making it difficult to secure funding, form partnerships, or work with government agencies. It's very important for companies to adhere to these requirements to avoid both financial penalties and long-term legal consequences.

What happens if my proposed company name is already taken?

If your proposed company name is already taken, you must choose a different name that is unique and complies with the MCA's naming guidelines. You can use the MCA Name Availability Tool to check the availability of a name.

What are the corporate tax rates for companies in India?

Domestic companies are taxed at 30%, or 25% if turnover is up to ₹400 crore, with a concessional rate of 22% (25.17% effective) for companies not claiming exemptions and 15% (17.16% effective) for new manufacturing companies. Foreign companies are taxed at 40%, with surcharge and cess applicable.

How do I verify if a company is registered in India?

Visit the Ministry of Corporate Affairs (MCA) website, use the 'View Company/LLP Master Data' tool, and enter the company's name or Corporate Identification Number (CIN) to check its registration status.

Is GST registration mandatory during company registration?

GST registration is not mandatory during company registration. However, it is required if the company's turnover exceeds ₹40 lakh for goods or ₹20 lakh for services. It is also mandatory for companies involved in inter-state supply or e-commerce activities.

What is the minimum and maximum number of shareholders allowed for company registration?

A private limited company requires a minimum of 2 shareholders and allows a maximum of 200 shareholders. A public limited company requires a minimum of 7 shareholders, with no limit on the maximum number of shareholders.

Can I register a company using a virtual office address?

Yes, you can register a company using a virtual office address, provided it is a legally valid address and you have the necessary documentation, such as a rental agreement and utility bills, to verify its authenticity.

How can ownership of a private limited company be transferred?

Ownership is transferred by drafting a Share Transfer Agreement, filling Form SH-4, paying stamp duty, updating the Register of Members, and notifying the MCA if necessary.

What are the consequences of not complying with post-registration obligations?

Non-compliance can lead to financial penalties of ₹100 per day per form, disqualification of directors for up to 5 years, legal action, suspension or revocation of the company's registration, and operational restrictions such as difficulty in securing funding or working with government agencies.

What are the differences between a business name and a trade name?

Business name is the official name registered with the MCA for legal purposes, while a trade name is the brand name used for marketing products or services. Multiple trade names can be used under one business name, but trademark laws apply for protection.

How many days does it take to register a company?

Company registration in India usually takes about 7-10 working days if all documents are in order. Delays can happen if there are issues such as name being rejected or mistakes in the documents. Using the SPICe+ form can help speed up the process since it combines multiple services like PAN, TAN, and GST registration. However, the time it takes can vary based on the type of company and any extra steps needed.

Who governs and controls private limited companies in India?

Private limited companies in India are governed by the Companies Act, 2013, regulated by the Ministry of Corporate Affairs (MCA), with day-to-day operations managed by the Board of Directors. Shareholders have the power to appoint or remove directors through voting.

What are the penalties for not complying with post-registration obligations?

Non-compliance can result in financial penalties (₹100 per day), director disqualification for up to 5 years, legal action, and damage to reputation, making it difficult to secure funding or partnerships.

What documents are required for company registration in India?

Required documents include PAN cards for directors and shareholders, passport for foreign nationals, Aadhaar or Voter ID for identity proof, bank statements/ utility bills for address proof, MOA and AOA, and proof of office address and rent agreement.

What are the steps to appoint a statutory auditor?

The Board must pass a resolution to appoint the auditor within 30 days, file Form ADT-1 with the MCA within 15 days, and ensure the auditor meets the eligibility criteria under the Companies Act, 2013.

How can I check if my company is registered?

Visit the MCA website, search using the company's name or CIN, and view the company's registration status, including incorporation date and authorized capital.

What happens if my proposed company name is rejected?

If rejected, review the feedback provided by MCA, submit a new name using the RUN service, and ensure it adheres to naming guidelines under the Companies Act, 2013.

Does a private limited company have perpetual existence?

Yes, a private limited company has perpetual existence, meaning it continues even if directors or shareholders change, ensuring stability and continuity.

What are the tax implications associated with company registration?

Tax implications include corporate tax (22% for regular companies, 15% for new manufacturing companies), GST registration for businesses exceeding ₹20 lakh turnover, and taxes on dividends, which are taxable in shareholders' hands.

What are the benefits of registering a private limited company?

Benefits include limited liability, separate legal entity, ease in fundraising, tax advantages, and a more professional image with clients and partners. It is ideal for startups and SMEs.

Expert LLP Filing Assistance

LLP Agreement Amendment Services in India

Amend Your LLP Agreement with Expert Support - Starting @ ₹3,999 Only

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Form-3 Filing (LLP Agreement Amendment)
Supplementary Agreement Drafting
Profit Sharing Ratio Changes
Capital Contribution Amendments
Business Activities Modification
MCA Portal Submission

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What Sets Us Apart

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“Incorporating my Startup with IncorpX was an incredibly smooth and hassle-free experience. The team was highly professional, guiding us every step of the way with clear communication and prompt support. The registration process was fast, and every detail was handled with precision and accuracy. Highly recommend IncorpX for anyone starting a business.”

Abhishek Lohani Director at Lohani Learnings

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“It's rare to find a service provider who makes the process feel personal - IncorpX absolutely did. From day one, they patiently explained every detail without any jargon, making it easy to understand and stress-free. There was zero chasing, no delays-just efficient, smooth execution all the way through. I felt supported, heard, and confident at every step of registering my company EIGHTH DAY FORGE (OPC) Private Limited. Thanks to Mr. Sriram and his wonderful team.”

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We handle all paperwork and ensure full legal compliance.

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HERE'S HOW IT WORKS

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3. Amend Your LLP Agreement

Get professional assistance with LLP Agreement modification including all MCA filings.

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LLP Agreement Amendment Package

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Form-3 Filing (Agreement Amendment)
Supplementary LLP Agreement Draft
Partner Resolution Preparation
Consent Letter from All Partners
Updated Consolidated Agreement
MCA Portal Filing & Submission
Government Fee Payment Assistance
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Filing Confirmation & Receipts
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*Government fees are additional and vary based on company structure

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IncorpX Prime

An all-inclusive solution for startups and expanding enterprises seeking a streamlined, compliant incorporation process.

Key Benefits

Personalised support from dedicated incorporation specialists.
Application prepared and filed within 2 days.
24/7 customer assistance.

Important Notes

We strive to register your preferred business name whenever feasible.
Alternative name suggestions are provided if the preferred name is not approved.

Package includes first-year compliance services: auditor appointment, annual filings, and related obligations.

Overview Key Features Types of Changes Requirements Process Timeline FAQs

LLP AGREEMENT AMENDMENT - AN OVERVIEW

LLP Agreement Amendment refers to the process of making changes to an existing Limited Liability Partnership (LLP) Agreement. The LLP Agreement is the foundational document that governs the mutual rights and duties of partners and the LLP. Under the LLP Act, 2008, any changes to this agreement must be filed with the Registrar of Companies (ROC) using Form-3 within 30 days.

As businesses evolve, changes to the LLP Agreement become necessary - whether it's modifying profit sharing ratios, changing capital contributions, adding or removing business activities, or updating partner roles and responsibilities. These amendments ensure the agreement reflects the current understanding between partners and the actual operations of the LLP.

The amendment process involves drafting a Supplementary LLP Agreement that specifies the exact changes being made. This supplementary agreement, along with the required resolution, is filed with ROC. The original LLP Agreement read together with all supplementary agreements forms the complete partnership deed.

At IncorpX, we provide comprehensive LLP Agreement Amendment Services including legal drafting of supplementary agreements, Form-3 filing, and complete documentation support. Our expert team ensures your LLP Agreement changes are properly documented and filed.

What is LLP Agreement Amendment?

LLP Agreement Amendment is the legal process of modifying the terms and conditions contained in the LLP's foundational partnership agreement. Unlike companies where the Articles of Association can be changed by special resolution, LLP Agreement changes require consent of all partners (unless the agreement provides otherwise).

The LLP Agreement covers critical aspects like partner contributions, profit/loss sharing, roles and responsibilities, decision-making processes, and exit provisions. When any of these need modification, a Supplementary Agreement is executed specifying the changes.

It's important to understand that the LLP Agreement is a private document between partners, but its amendments must be filed with ROC. This ensures regulatory compliance and makes the changes part of the official LLP records.

Key Aspects of Agreement Amendment:

Partner Consent: All partners must agree to the amendment (unless agreement specifies otherwise).
Supplementary Agreement: Changes are documented in a supplementary deed, not by rewriting the original.
Form-3 Filing: Amended agreement must be filed with ROC within 30 days.
Legal Effect: Amendment takes effect from the date specified, not from filing date.

Important Note

If an LLP doesn't have a written LLP Agreement, the provisions of Schedule I of the LLP Act automatically apply. When partners decide to create a formal agreement or modify these default provisions, they execute an LLP Agreement and file it with ROC using Form-3.

Types of Changes That Require Amendment:

Various changes to LLP structure and operations require agreement amendment:

Type of Change	Description	Additional Forms (If Any)
Profit Sharing Ratio	Change in how profits/losses are distributed among partners	Form-3 only
Capital Contribution	Changes to partner contributions (increase/decrease)	Form-3 only
Partner Addition	Admission of new partner with agreed terms	Form-3 + Form-4
Partner Removal	Cessation of partner with revised terms	Form-3 + Form-4
Business Activities	Addition or removal of business activities/objects	Form-3 only
Designated Partner Change	Change in designated partner status	Form-3 + Form-4
Decision Making Process	Changes to voting, meetings, or approval processes	Form-3 only
Name Change Reflection	Update agreement after LLP name change	Form-3 (after Form-5 approval)
Registered Office	Change in principal place of business	Form-3 + Form-15
Miscellaneous Clauses	Other operational or governance terms	Form-3 only

What Are the Key Features of Our Agreement Amendment Services?

Our LLP Agreement Amendment Services ensure professionally drafted and compliant modifications:

1. Expert Legal Drafting

Professionally drafted supplementary agreement by legal experts.

2. Form-3 Filing

Complete preparation and filing of Form-3 with ROC.

3. Resolution Preparation

Drafting partner resolution authorizing the amendment.

4. Consolidated Agreement

Updated consolidated version of entire LLP Agreement.

5. Legal Review

Thorough review ensuring changes are legally sound.

6. Expert CA/CS Support

Qualified professionals handle all documentation and filings.

7. Quick Turnaround

Efficient processing ensures timely filing within deadlines.

8. Pan-India Service

100% online process. We serve LLPs across all states remotely.

9. Transparent Pricing

Clear pricing with no hidden charges. Government fees communicated upfront.

10. Dedicated Support

Personal relationship manager for coordination and queries.

Documents Required for Agreement Amendment:

To amend your LLP Agreement, keep the following documents ready:

Existing LLP Agreement (Current Version)

Details of Proposed Changes

LLP LLPIN and PAN

Digital Signature Certificate (DSC) of Designated Partners

Consent of All Partners (Written)

DPIN Details of All Partners

Board Resolution for Amendment

Any Previous Supplementary Agreements

Additional Documents for Specific Amendments:

Type of Amendment	Additional Documents Required
Partner Addition/Removal	New partner KYC (for addition), Resignation letter (for removal)
Capital Change	Proof of contribution (bank statement), Capital account statement
Business Activity Change	Description of new activities, Any required licenses
Name Change Reflection	Form-5 approval letter, New LLP certificate

Step-by-Step Agreement Amendment Process:

Here's how we handle your LLP Agreement amendment:

Step 1: Consultation & Requirement Analysis

We understand the specific changes you need and advise on the best approach for structuring the amendment.

Step 2: Document Collection

We collect your existing LLP Agreement and any previous amendments through our secure online portal.

Step 3: Draft Supplementary Agreement

Our legal team drafts the Supplementary LLP Agreement incorporating all the proposed changes.

Step 4: Partner Resolution

We prepare the partner resolution authorizing the amendment and documenting partner consent.

Step 5: Review & Approval

You review the draft documents. We incorporate any feedback and finalize the documents.

Step 6: Document Execution

All partners sign the supplementary agreement and resolution documents.

Step 7: Form-3 Filing

We file Form-3 with the amended agreement on MCA portal within 30 days of execution.

Step 8: Confirmation & Records

You receive filing confirmation, supplementary agreement, and consolidated agreement for records.

Professionally drafted amendments with IncorpX!

Filing Timeline & Deadlines:

Form	Purpose	Filing Deadline	Late Filing Penalty
Form-3	LLP Agreement Amendment	Within 30 days of amendment	₹100/day of delay

Typical Processing Time:

Document Preparation: 2-3 working days

Client Review: 1-2 working days

Execution: 1-2 working days

Form-3 Approval: 2-3 working days

Total Process: 5-7 working days

Pro Tip

If you're making multiple changes (e.g., adding partner and changing profit ratio), combine them in a single supplementary agreement and file one Form-3. This saves time, fees, and keeps documentation organized.

Why Choose IncorpX for LLP Agreement Amendment?

Expert Team: Qualified CA/CS/Legal professionals for drafting.

Complete Service: Drafting, filing, and consolidated agreement.

Quick Turnaround: Amendment completed within 5-7 working days.

Transparent Pricing: All-inclusive pricing with no hidden charges.

Pan-India Service: 100% online, we serve LLPs across India.

Dedicated Support: Personal manager throughout the process.

FAQs on LLP Agreement Amendment

Here are answers to the most frequently asked questions about LLP Agreement Amendment:

An LLP Agreement Amendment is the process of modifying the terms of the existing LLP Agreement. Changes are documented in a supplementary agreement and filed with ROC using Form-3.

You should amend when there are changes to profit sharing, capital contributions, business activities, partner roles, or any other terms originally agreed upon in the LLP Agreement.

Form-3 must be filed within 30 days from the date of amendment execution. Late filing attracts a penalty of ₹100 per day of delay.

Generally, all partners must consent to an amendment unless the LLP Agreement specifies otherwise (e.g., majority consent for certain changes).

No, you only need to execute a Supplementary Agreement specifying the changes. The original agreement read with all supplements forms the complete deed.

If there's no written agreement, Schedule I of LLP Act applies by default. You can execute a formal LLP Agreement now and file it with Form-3.

Yes, profit sharing ratio and capital contributions are independent. Partners can agree to any profit sharing arrangement regardless of their capital contributions.

Stamp duty varies by state. Some states charge stamp duty on supplementary agreements while others don't. We'll advise based on your LLP's registered state.

The complete process typically takes 5-7 working days from document submission, including drafting, execution, and MCA filing approval.

Yes, you can add or remove business activities by amending the LLP Agreement. Note that some activities may require additional licenses or registrations.

Yes, Digital Signature Certificate (DSC) of at least one Designated Partner is required to digitally sign and file Form-3 on MCA portal.

Yes, we provide an updated consolidated LLP Agreement that incorporates all amendments, making it easier for reference and future use.

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Need to Amend Your LLP Agreement?

HERE'S HOW IT WORKS

1. Fill the Form

2. Call to discuss

3. Amend Your LLP Agreement

SIMPLE & TRANSPARENT PRICING

LLP Agreement Amendment Package

IncorpX Prime

Key Benefits

Important Notes

LLP AGREEMENT AMENDMENT - AN OVERVIEW

What is LLP Agreement Amendment?

Important Note

Types of Changes That Require Amendment:

What Are the Key Features of Our Agreement Amendment Services?

Documents Required for Agreement Amendment:

Step-by-Step Agreement Amendment Process:

Step 1: Consultation & Requirement Analysis

Step 2: Document Collection

Step 3: Draft Supplementary Agreement

Step 4: Partner Resolution

Step 5: Review & Approval

Step 6: Document Execution

Step 7: Form-3 Filing

Step 8: Confirmation & Records

Filing Timeline & Deadlines:

Pro Tip

Why Choose IncorpX for LLP Agreement Amendment?

FAQs on LLP Agreement Amendment

Change LLP Agreement in various States

Change LLP Agreement in various Cities

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