Procedure for Appointment of Designated Partner in LLP
A Limited Liability Partnership (LLP) is governed as per the rules of Limited Liability Partnership Act, 2008. In today’s era, an LLP is gaining more popularity than a Private or a Limited Company form of business because of its easy nature and the lesser compliances.
Every LLP should have a minimum of 2 partners and out of them, 2 shall act as designated partners who work on behalf of the partners and participate in the day-to-day activities. Once appointed, a partner or a designated partner can be changed, removed or appointed.
Procedure for Adding Partner in LLP
- Invest Capital In LLP
- Change in role & responsibilities of LLP
- Mutual consent of Partners
- Retirement of existing partner
Our Company Registration package includes the following:
- DSC for one director and DIN for up to three directors
- Drafting of MoA & AoA
- Registration fees and stamp duty
- Company Incorporation Certificate
Who Can Become Partner in LLP ?
- An individual unless other disqualified
- A company incorporated under the Companies Act 1956 or Companies Act 2013
- A LLP incorporated under LLP Act 2008
- A LLP incorporated outside India A company incorporated outside India
List of document for Adding Partner in LLP
Who Can Become Partner in LLP ?
- PAN card of New Partner
- Address Proof of New Partner
- Passport size Photo
- mail ID & Cell Phone Number
Step Procedure for Adding Partner in LLP
For Addition of Partner in LLP, incoming partner shall apply first for Digital signature Certificate (DSC). After DSC New Partner shall apply for DIN (Director Identification Number). Government (MCA) fees for DIN registration is Rs. 500/-. Writing Consent of exiting partners is required. Also firm need to prepare document for addition of partner. Same procedure shall be applicable in case Change in Partner status from Partner to Designated Partner.
- Pass resolution for admission of Partner
- Execute Amendment to LLP Agreement
- File an Application for approval of change Form 4 & Form 3
- mail ID & Cell Phone Number
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Step 1 : Pass resolution for admission of Partner
Partner shall pass written resolution after conducting meeting with partner. This Resolution for admission of Partner authorized existing partner to act on half of LLP & Partner’s. Existing partner who is authorized for legal formalities shall hold a valid DSC and DIN Number. Important Points Resolution for admission of partner.
Execute Resolution of Letter Head of LLP
Resolution of required Signature of existing partners and authorized partner
Details about subject matter
Affix Stamp of LLP -
Step 2 :Execute Amendment to LLP Agreement
LLP carries businesses as per terms and conditions of agreement. This is source document which have information of Capital , Profit & loss sharing ration, Role & Responsibilities of Partners etc. The supplement LLP Deed Agreement shall be executed by existing partner and new partner. This agreement may have information about New partner capital introduced , roles, duties etc. Check LLP Format for addition of Partner.
It should contains terms & Condition towards admission of Partner.
Previous LLP agreement can be amended through Supplementary agreement
In case there is no change in capital this agreement can be executed on Rs.100/- stamp paper
In case there is change in capital contribution of LLP then bond value applicable as per Stamp Act provisions.
This supplementary agreement shall have sign of existing partner and New partner -
Step 3 : File Form 4 & Form 3 intimating Change of Partner in LLP
Form 4 of LLP shall be filed online to Ministry of Corporate Affairs for intimation of Change in Partner of LLP. This Form need to be signed digitally by use of DSC of existing partner. Form 4 is towards Notice of appointment, cessation, change in name/ address/ designation of a designated partner or partner. and consent to become a partner/designated partner/ Notice of appointment, cessation, change in name/ address/ designation. Certification form Practicing Chartered Accountant or Company Secretory of CMA is required.
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Attachments to Form 4 of LLP
Consent to act as partner/ designated partner
Resolution for Authorizing partner
Consent letter from New partner
Other Optional attachments -
Attachments to Form 3 of LLP
existing LLP agreement
New supplementary LLP Agreement
Optional attachment of if any