For adding a Partner in LLP following procedure is to be followed as per the Provisions of LLP Act,2008:
-
Eligibility Criteria for becoming a Designated Partner in LLP:
Table of Contents
- Only Individual can be appointed as Designated Partner in LLP.
- The Person wish to appointed as a Designated Partner in LLP must have a Valid Director Identification Number.
- Director Identification Number may be obtained by Filling FORM DIR-3 available on www.mca.gov.in after completing the form and attaching supporting documents, this form require pre-certification from Practicing Professional i.e. Company Secretary,Chartered Accountant or Cost Accountant. For obtaining Director Identification Number or Professional Certification.
- After obtaining Director Identification number an individual is eligible for appointment as a Designated Partner.
-
Procedure to be followed after obtaining Director Identification Number:
- After obtaining Director Identification number, the proposed Designated Partner is required to intimate his DIN to the LLP.
- The LLP is than will call a Meeting of Existing Partner for considering the appointment of Proposed Designated Partner. For getting draft of resolution passed in the Meeting and Preparing Minutes of the Meeting .
- After approval of Existing Partners in duly conveyed Meeting for appointment of Proposed Designated Partner, A supplementary LLP Agreement is required to be made for draft of Supplimentry LLP AgreementĀ .
- A consent from Proposed Designated Partner is also required to be obtained in prescribed form.
-
Intimation to Registrar of Companies about Appointment of New Designated Partner:
- After Appointment of Designated Partner LLP is required to inform concerned Registrar of Companies i.e. in whose jurisdiction Registered office of LLP is situated, In E-FORM LLP-4 available on Www.mca.gov.in, within 30 days of appointment. you may visit Fastlegal for preparation of Forms and Pre Certification by Professional by CS, CA OR CMA
- LLP is also required to file Supplementary LLP agreement in LLP FORM-3 within 30 days of such Appointment.
Note: Please ensure to file necessary forms within Prescribed time as late fee is Rs.100/- per day for each day of delay which has no upper limit.