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Registered a law firm.

(Querist) 27 October 2011 This query is : Resolved 
Respected members,

Very Good Morning to all of my near and dears

(1.) What is the procedure to registered a law firm in India (New Delhi) ?

(2.) According to advocates act 1961, advertising is not allowed in our profession !! then please help me to advertise my law firm without breaking the rules and regulations ??
R.Ramachandran (Expert) 27 October 2011
Dear Mr. Arvind,
When you say 'Law Firm' it is assumed that it is not proprietory but a partnership.
If that be so, after entering into a Partnership Agreement, you have to get the partnership firm registered with the Registrar of Firms available in each of the Districts in Delhi. For instance, in regard to South District of Delhi, the Registrar of Firms office is at Saket near the Dy.Traffic Commissioner's office. There is a prescribed format, you have to fill up, then you have to attach a Notorised copy of the Partnership Agreement, you have to attach Address proof of the premises where the partnership is located (rent agreement, telephone bill, or if you yourself the owner of the premises, then copy of the title deed which shows you as the owner of the premises), if you are in rented premises NOC from the land lord saying that he has no objection if the firm is registered etc. etc. After about a month you will get your Registration Certificate.

As regards 'advertisement' there is no way in which you can do it. Most of the Law Firms have their own 'Websites' simply indicating the areas in which they practice (without soliciting). Another method of advertising is by sending periodical news letters to potential clients; holding seminars/work shops etc. Apart from that regular court appearances itself add value to the presence of the firm and bring in work.
Shailesh Kr. Shah (Expert) 27 October 2011
I completely agree with opinion of Shri R. Ramachandran.

I would like to suggest you can go for LLP(Limited Liability Partnership). Now-a-days, big law firms also convert partnership to LLP.


A Limited Liability Partnership may be incorporated as per the procedure explained below:

User Registration

• Register yourself on the website of Ministry of Corporate Affairs, developed for LLP services, i.e. www.llp.gov.in . This website may also be accessed through the website of the ministry www.mca.gov.in On the home page of the URL www.llp.gov.in click “Register” tab on top right hand corner of the page.

• Fill in the registration form. Fields marked * in the form are to be mandatorily filled. Select your user name and password.

• Upload digital signature certificate

• On successful registration, system will give a message that you have been registered successfully.

Obtain Designated Partners Identification Number (DPIN).

• All designated partners of the proposed LLP shall obtain “Designated Partner Identification Number (DPIN)” by filing an application individually online in Form -7.

• For obtaining DPIN kindly log in by clicking on the “Login” tab on top right corner of the home page, enter your user name and password. After login, click on the E-forms link. List of e-forms will open. Click and open Form 7.

• Fill up “Form 7” for allotment of DPIN

• Pay filing fee of Rs.100 online through credit card (master/visa)

• Submit the application form online. The system will generate a provisional DPIN. Kindly note it carefully

• Take the print out of the application form, affix a latest passport size photograph and get it attested/certified for submission physically along with documentary evidences for proof of identify and proof of residence with the Registrar LLP.

• Deliver the printed and signed application form, along with the prescribed documents by hand/courier/registered post to the Office of Registrar, Ministry of Corporate Affairs, 3rd Floor, “Paryavaran Bhawan”, CGO Complex, Lodhi Road, New Delhi-110003.

• For more details see Instruction Kit provided on the home page under “Users Guide” tab.


Digital Signature Certificate

• Partner/Designated partner of LLP/proposed LLP, whose signatures are to be affixed on the e-forms has to obtain class 2 or class 3 Digital Signature Certificate (DSC) from any authorized certifying agency, details of which are available on the home page of the llp portal under the tab “Certifying Authorities”.




Reservation of name

• Log on to the LLP portal by clicking the “log in” tab on the top right corner of the homepage and enter your username and password. After login, click “E-Forms” link.

• Open Form-1 for reservation of name and fill in the details. Select name of the proposed LLP (upto 6 choices can be indicated).

• Any partner or designated partner in the proposed LLP may submit Form-1.

• Append digital signatures and submit the e-form

• Pay the necessary fee by credit card (master/visa).

• Free name search facility (of existing companies / LLPs) is available on MCA portal (hyper link available on LLP portal).The system will provide the list of similar/closely resembling names of existing companies/LLPs based on the search criteria filled up.

• Details of minimum two designated partners of the proposed LLP, one of them must be a resident of India, is required to be filled in the application for reservation of name. Only individuals or nominees on behalf of the bodies corporate as partners can act as designated partners.

• Check status of your application by logging on the portal.

• For more details see Instruction Kit provided on the home page under “Users Guide” tab.

Incorporation of LLP

• Once the name is reserved by the Registrar, log on to the portal and fill up Form-2 “Incorporation Document and Statement”.

• Pay the prescribed registration fee as per the slab given in Annexure A of the LLP Rules, 2009, based on the total monetary value of contribution of partners in the proposed LLP.

• Statement in the e-form is to be digitally signed by a person named in the incorporation document as a designated partner having permanent DPIN and also to be digitally signed by an advocate/company secretary/chartered accountant/cost accountant in practice and engaged in the formation of LLP.


• On submission of complete documents the Registrar after satisfying himself about compliance with relevant provisions of the LLP Act will register the LLP, maximum within 14 days of filing of Form-2 and will issue a certificate of incorporation in Form-16.

• You can check status of your application by logging on to the portal

• For more details see Instruction Kit provided on the home page under “Instruction Kit” tab.




Filing of LLP agreement (Form-3) and Partners’ details (Form-4)

• Form 3 (Information with regard to LLP agreement and changes, if any made therein) and Form-4 (Notice of Appointment of Partner/Designate Partner, his consent etc.) may be filed with the prescribed fee simultaneously at the time of filing Form-2 or within 30 days of the date of incorporation or within 30 days of such subsequent changes.
M.Sheik Mohammed Ali (Expert) 27 October 2011
yes, i do agree expert query reply
Sankaranarayanan (Expert) 27 October 2011
well said by mr shailiesh , yes while enter to partnership agreement you have to think both side and which one is good for future and long run manner.
prabhakar singh (Expert) 27 October 2011
I agree with detailed opinion expressed by experts which does not need any more addition on my part.
Shonee Kapoor (Expert) 27 October 2011
Very informative.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com
Raj Kumar Makkad (Expert) 27 October 2011
Nothing remains to be added in wel advices of various experts.
A. A. JOSE (Expert) 29 October 2011
Well dealt with the experts in details and I too endorse the same.
AA RAMAKRISHNAN (Expert) 03 November 2011
Since you are from the legal faternity you must know to draft a partnership deed and form a partnership according to your choice. Make the opening of your firm a big event inviting some big celebrities and some sitting judges as guests and manage to report the same in local news papers and with some TV channels. Your advertisement fever is over.
kavksatyanarayana (Expert) 11 December 2018
Well said by Expert Sri AA Ramakrishnan. I agree with him.


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