Addition Of Designated Partner

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Addition Of Designated Partner


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Addition Of Designated Partner

Designated Partners are generally who manage and stimulate all day to day affairs of the LLP under the company common seal. Limited Liability Partnership (LLP) must have two individual who will act as a Designated Partners and shoulder all responsibility of LLP. In order to add new Designated Partner to an existing LLP, consent of all existing partners usually required however, if the LLP agreement permits, one designated partner can also have power to admit new partner to LLP.

Reasons

Expertise with additional capital

Normally, a partner is appointed either for need of capital or the expertise. With increase in capital, the borrowing power of the firm increases with loan opportunities. Admission of a partner not only benefits in form of capital but also leverages the skills and knowledge. The diversity of knowledge and goodwill base helps the business to grow far.

Change in terms of Partnership

It is an agreement between the partners, the terms can be changed mutually at any time. The change might impact the willingness of one or other partner. According to requirements and terms, need both, the addition or removal of a partner may arise. And consequently, the due process must be followed.

Documents Required

PAN Card of the applicant

Aadhaar Card of the applicant

Photo of the applicant

Email Id of the applicant

Phone number

Minimum Requirements

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.

Process

Digital Signature Certificate

Apply for Digital Signature Certificate.

DIN Number

Apply for DIN Number- After the DSC, the Director Identification Number of the Director will be applied in the form DIR – 3 along with the address proof and the identity proof of the applicant.

Designated Partner

Once the DIN is allotted to the designated partner, all the existing partners of the LLP will call a meeting and pass a resolution to add a designated partner in the partnership deed.

Partnership Deed

A supplementary partnership deed will be drafted in which the new partner’s name will be added.

Incoming Partner

Then the consent of the incoming partner will be taken in writing.

Form – 4

After these documents are prepared, Form – 4 of LLP will be filed within 30 days of the appointment.

Form – 3

After filing this form, FORM – 3 will be filed, along with the supplementary and the original partnership deed within 30 days of appointment.

Ministry of Corporate Affairs

After the filing of all these forms, the name of the designated partner will be added and will be seen on the site if the Ministry of Corporate Affairs.

Form – 3 and Form – 4

If Form – 3 and Form – 4 are filed within 30 days there is an additional fee on each form of Rs. 100/- per day.

Frequently Asked Questions

What are the requirements to be a Partner/ Designated Partner of the LLP?

There are no limitations in terms of citizenship or residency to become a Partner. Therefore, the LLP Act, 2008 allows Foreign Nationals including Foreign Companies & LLPs to become LLP in India provided at least one Designated Partner is Indian Resident. The proposed Designated Partner shall hold valid DIN and not be disqualified.

For addition of Partner in the LLP, the consent of the proposed Partner shall be accorded in the prescribed Form. Where the person is to be added as a Designated Partner, he/she must procure a Digital Signature Certificate (DSC) to obtain Director Identification Number (DIN).

DIN is a unique number assigned by MCA to Individuals that allows one to become Director of the company or Designated Partner of any LLP. The DIN is permanently allotted and can be used for subsequent appointment in another company/LLP.

While addition, one may contribute the amount agreed by and between all the Partners including the present, in any form whether tangible or intangible. However, it is not mandatory to bring capital to the LLP.

The rights and liabilities of the new partner(s) will be governed by the LLP Agreement and Supplement Deed of the LLP. Where there are no specific rights/liabilities are prescribed or altered in the Supplement Deed, the rights and liabilities will be same as prescribed in the original LLP Agreement

The stamp duty shall be paid according to the added capital in the LLP as per the rate prescribed by the respective state. Where there is the addition of capital while addition or removal, the Supplementary Agreement shall be executed by payment of Rs 100/- as stamp duty.

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