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Proprietorship Firm into LLP

Key Benefits:

  • Automatic Transfer
    All the assets and liabilities of the firm immediately before the conversion become the assets and liabilities of the LLP.

  • No Stamp Duty
    All movable and immovable properties of the firm automatically vest in the LLP. No instrument of transfer is required to be executed and hence no stamp duty is required to be paid.

  • No Capital Gain Tax
    No Capital Gains tax shall be charged on transfer of property from Proprietorship firm to LLP.

  • Continuation of Brand Value
    The goodwill of the Proprietorship firm and its brand value is kept intact and continues to enjoy the previous success story with a better legal recognition.

  • Carry Forward and Set off Losses and Unabsorbed Depreciation
    The accumulated loss and unabsorbed depreciation of Proprietorship firm is deemed to be loss/ depreciation of the successor LLP for the previous year in which conversion was effected. Thus such loss can be carried for further eight years in the hands of the successor LLP.


Steps involved in Conversion of Proprietorship Firm into LLP:

STEP NO. STEPS TIME FRAME(Working Days)
1 Preliminary Documentation Discussion between BMC Team & the Promoters of the Company:
  • Ascertaining document requirement and availability
  • Preparation of signing documents by BMC
  • Signing of the Incorporation documents by Promoters
  • Sending the Signed document by Promoters to BMC
5

(Varies by the response time taken by the Promoters)

2 DSC (Digital Signature Certificate)

Getting DSC for any one of the Director for digital authentication of the Incorporation documents

1
3 DIN (Director Identification Number)

Approved DIN is a pre-requisite for incorporation process

1
4 Preparation of Main Object & Name Availability Search
  • Preparation of Main Object by BMC
  • The Promoters have to provide atleast 6 (Six) names in the order of priority
  • To make an online search of availability of names as desired by the Promoters
  • Confirmation of the draft main object & the final name
3
(Varies by the response time taken by the Promoters)
5 Application for Name Availability
  • Filing of Form 1A with the concerned ROC
5
6 Incorporation Process:
  • After ROC's approval for name of the Company, filing all the Incorporation documents with the ROC
  • Online uploading of e-Forms
  • Payment of Registration fees
  • Receiving Incorporation Certificate
5
7 Post-Incorporation Process:
  • Drafting LLP Agreement by BMC
  • Confirmation of LLP Agreement by the Promoters
  • Stamping of LLP Agreement
  • Filing of Form 3
5
(Varies by the response time taken by the Promoters)