• Buying Agriculture Land on LLP in Andhra Pradesh

Hi Sir

we are thinking to create a LLP company to buy an agricultural land.
we are two directors, myself a NRI OCI card holder and my friend is Indian national living in India. 
he land is in Andhra Pradesh and it is in total about 5 to 10 acres.

we are thinking to do in the farm:
- Coconut plantation
- Fish farming
- Bee keeping and
- home stay

can we buy the land in the name of the company?

Please let us know how we can go about registering it as a company and what are the required documents.

Thanks and regards,
Sekhar
Asked 4 years ago in Civil Law

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7 Answers

Dear Sir/Madam,

1. Yes you may buy the property in the name of your company.

2. To register a Indian LLP, you need to first apply for a Designated Partner Identification Number (DPIN), which can be done by filing eForm for acquiring the DIN or DPIN. You would then need to acquire your Digital Signature Certificate and register the same on the portal. Thereafter, you need to get the LLP name approved by the Ministry. Once the LLP name is approved, you can register the LLP by filing the incorporation form.

Step 1 : Application for DIN or DPIN

All designated partners of the proposed LLP shall obtain “Designated Partner Identification Number (DPIN)”. You need to file eForm DIR-3 in order to obtain DIN or DPIN. In case you already have a DIN (Director Identification Number), the same can be used as a DPIN.

Step 2 : Acquire/ Register DSC

The Information Technology Act, 2000 provides for use of Digital Signatures on the documents submitted in electronic form in order to ensure the security and authenticity of the documents filed electronically. This is the only secure and authentic way that a document can be submitted electronically. As such, all filings done by the LLP(s) are required to be filed with the use of Digital Signatures by the person authorised to sign the documents.

Acquire DSC -A licensed Certifying Authority (CA) issues the digital signature. Certifying Authority (CA) means a person who has been granted a license to issue a digital signature certificate under Section 24 of the Indian IT-Act 2000.

Step 3 : New User Registration

Step 4 : Incorporate a LLP

Once the form has been approved by the concerned official of the Ministry, you will receive an email regarding the same and the status of the form will get changed to Approved. To know more about e-Filing process click "All About e-Filing"

Step 5 : File LLP Agreement

After incorporation of LLP, an initial LLP agreement is to be filed within 30 days of incorporation of LLP. The user has to file the information in Form 3 ( Information with regard to Limited Liability Partnership Agreement and changes, if any, made therein).

Thank you

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Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

an LLP is capable, in its own name, of acquiring, owning, holding, disposing of property, whether movable, immovable, tangible or intangible.

it can purchase agricultural land in AP 

Ajay Sethi
Advocate, Mumbai
99785 Answers
8145 Consultations

Company can buy agricultural land 

 

it should not take more than a month 

 

costs local lawyer can guide you 

Ajay Sethi
Advocate, Mumbai
99785 Answers
8145 Consultations

Dear Sir,

1. It is better to go for an LLP because, 

  • Limited liability protects the member’s personal assets from the liabilities of the business. LLP’s are a separate legal entity to the members.
  • Flexibility. The operation of the partnership and distribution of profits is determined by written agreement between the members. This may allow for greater flexibility in the management of the business.
  • The LLP is deemed to be a legal person. It can buy, rent, lease, own property, employ staff, enter into contracts, and be held accountable if necessary.
  • Corporate ownership. LLP’s can appoint two companies as members of the LLP. In an LTD company at least one director must be a real person.
  • Designate and non-designate members. You can operate the LLP with different levels of membership.
  • Protecting the partnership name. By registering the LLP at Companies House you prevent another partnership or company from registering the same name

2. Due to the pandemic, it is difficult to ascertain how long it may take. Although this maybe completed in not more than 3 months

3. The registration cost to incorporate an LLP in India varies from state to state. Most people will want to take the help of professional companies to prepare the partnership agreement and various other documents to incorporate the LLP. That way, you can avoid errors and get things done quickly.

The cost involved in registering a business include various stamp duties, which varies by state. So the cost involved in incorporating a business can vary slightly depending on the state you choose.

The cost involved in incorporating an LLP depends on the Authorized Capital of the business. 

Thank you,

  • For more assistance, please book a consultation with me
  • If you like my answer, please give a good rating and leave a review 

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

- Yes, a LLP company can buy agriculture land and can perform agriculture activities  with the approved provisions of articles of association and memorandum of companies.

- Further, there is no requirement of any director being an agriculturist . 

- Further, it should must be approved by the Registrar of Companies , like your which has already allowed to do agriculture and related activity .

- Only 12.5 acres agriculture land , a pvt. ltd company can purchase , and for purchasing more permission is required. 

- The followings are required for registering LLP company 

  1. Passport.
  2. Election Card or Voter Identity Card.
  3. Ration Card.
  4. Driving License.
  5. Electricity Bill.
  6. Telephone Bill.
  7. Aadhaar Card.

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

LLP is an alternative corporate business form that gives the benefits of limited liability of a company and the flexibility of a partnership.

An LLP operates like a limited partnership, but in an LLP, each member is protected from personal liability, except to the extent of their capital contribution in the LLP.

LLP also has a separate legal entity, hence it is capable of of acquiring, owning, holding, disposing of property including agricultural ln in Andhra Pradesh.

 

T Kalaiselvan
Advocate, Vellore
89986 Answers
2493 Consultations

It can be a LLP company.

The process of setting up the company depends on task completed in each department granting permission and registration of the company for setting up LLP.

The cost involved may enquired locally.

T Kalaiselvan
Advocate, Vellore
89986 Answers
2493 Consultations

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