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Question

Arrange the following steps for the Incorporation of a new LLP (Limited Liability Partnership) in the correct order -
A. Drafting of LLP Agreement
B. Deciding the partners and designated partners
C. Electronic filing of documents with ROC & issuing of Certificate of Incorporation by ROC (Registrar of Companies)
D. Checking the availability of Name
E. Obtaining DPIN & Digital Signature Certificate
Choose the correct answer from the options given below:

The correct answer is
B, E, D, A, C

To correctly incorporate a new Limited Liability Partnership (LLP), the following steps must be followed in the specified sequence:

LLP Incorporation Sequence

  1. Deciding the partners and designated partners: This is the foundational step, identifying the individuals who will form the LLP.
  2. Obtaining DPIN & Digital Signature Certificate (DSC): Designated partners require these essential credentials for electronic filings. A DPIN is mandatory for designated partners, and a DSC is needed to sign digital documents.
  3. Checking the availability of Name: Before proceeding, the proposed name for the LLP must be checked for uniqueness and availability with the Registrar of Companies (ROC).
  4. Drafting of LLP Agreement: This legal document outlines the mutual rights and duties of partners and the management of the LLP. It's created after the name is approved.
  5. Electronic filing of documents with ROC & issuing of Certificate of Incorporation: The final stage involves submitting the necessary incorporation documents electronically to the ROC. Upon successful verification, the ROC issues the Certificate of Incorporation, legally establishing the LLP.

Therefore, the correct order is: B, E, D, A, C.

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Important Questions from The Companies Act, 2013 - Teaching

  1. Which of the following section of Companies Act, 2013 deals with amalgamation, absorption and reconstruction?
  2. Which of the following is the most frequently held meeting of a company?
  3. Arrange the following process of incorporation of a new LLP in proper sequence.
    A. Reserve LLP name
    B. Procure Digital Signature Certificate
    C. Prepare documents for incorporation of LLP
    D. LLP incorporation and DIN Application
    E. Drafting and Filling LLP Agreement
    F. Apply for PAN and TAN
    Choose the correct answer from the options given below:
  4. The liquidator after realizing the assets of the company should distribute the proceeds among below mentioned claimants in which order?
    A. Liquidator's remuneration and cost of expenses of winding up.
    B. Legal charges
    C. Claims of secured creditors
    D. Preferential creditors and creditors secured by floating charges
    E. Unsecured creditors
    Choose the correct answer from the options given below:
  5. Arrange the online registration process of a new private limited company in proper sequence.
    A. Select and Reserve Company Name
    B. Acquire DIN & DSC of promoters
    C. Draft Memorandum and Articles of Association
    D. Get Company Registration Certificate
    E. File SPICE+ Applicaiton
    Choose the correct answer from the options given below:
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