Dyana and Bharti, newly qualified chartered accountants, wish to form a Limited Liability Partnership (LLP) to provide their professional services. They seek information about the provisions of the Limited Liability Partnership Act, 2008, specifically regarding the incorporation document. Additionally, they want to know whether the statement filed along with the incorporation document serves as sufficient evidence that all legal requirements for the incorporation of the LLP have been fulfilled. Explain these aspects to them.

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Incorporation document (Section 11 of the Limited Liability Partnership Act, 2008): 
The most important document needed for registration is the incorporation document. 
(1) For a LLP to be incorporated: 
(a) two or more persons associated for carrying on a lawful business with a view to profit shall subscribe their names to an incorporation document; 
(b) the incorporation document shall be filed in such manner and with such fees, as may be prescribed with the Registrar of the State in which the registered office of the LLP is to be situated; and 
(c) Statement to be filed:
• there shall be filed along with the incorporation document, a statement in the prescribed form, made by either an advocate, or a Company Secretary or a Chartered Accountant or a Cost Accountant, who is engaged in the formation of the LLP and
• by any one who subscribed his name to the incorporation document,
• that all the requirements of this Act and the rules made thereunder have been complied with,
• in respect of incorporation and matters precedent and incidental thereto.
(2) The incorporation document shall—
(a) be in a form as may be prescribed; 
(b) state the name of the LLP; 
(c) state the proposed business of the LLP; 
(d) state the address of the registered office of the LLP; 
(e) state the name and address of each of the persons who are to be partners of the LLP on incorporation; 
(f) state the name and address of the persons who are to be designated partners of the LLP on incorporation; 
(g) contain such other information concerning the proposed LLP as may be prescribed. 
(3) If a person makes a statement as discussed above which he—
(a) knows to be false; or 
(b) does not believe to be true, shall be punishable 
• with imprisonment for a term which may extend to 2 years and 
• with fine which shall not be less than ` 10,000 but which may extend to ` 5 Lakhs. 
Incorporation by registration (Section 12- Sufficient evidence): As per section 12, the Registrar may accept the statement delivered under clause (c) of sub-section (1) of section 11 as sufficient evidence that the requirement imposed by clause (a) of the sub-section has been complied with.
In view of above, the statement filed along with the incorporation document serves as sufficient evidence that all legal requirements for the incorporation of the LLP have been fulfilled.

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1. Provisions of the Act / Applicable Law

2. Analysis & Application of Facts

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