Add Designated Partner

Want to amend a resolution to add a designated partner to your firm?

The specialists at ICI will walk you through the steps to add a new designated partner to your LLP!

Need assistance in adding a designated partner?

What is LLP?

A Limited Liability Partnership (LLP) is the business type where the liability of the partner is limited. LLP has a different legal status. Each partner is protected from their liability; also protected by the joint liability created by the other partner’s wrong business decision or misconduct. LLP registration is governed under the Limited Liability Partnership Act, 2008 and a separate LLP agreement has to be filed. An LLP shall be registered with the Registrar of Companies.

An Overview

Designated partner is similar to the Director of a Private Ltd. Company. He is the individual in charge of the LLP and obligated to meet the requirements of the LLP Act. He is the person who runs and manages the business; also, takes care of day to day operations of LLP.

Who cannot be appointed as a designated partner in LLP
Companies, partnership firms, other LLPs and organisations
Age less than 18 years
A person of unsound mind/irresponsible
A person adjudicated as bankrupt
A person who has defaulted on his payment to creditors
A person who has been imprisoned & where the period of the sentence was at least six months

Process of adding a designated partner

Step 1 - Obtain the consent of that partner
Step 2 - Apply for DSC
Step 3 - Apply for DPIN
Step 4 - Draft supplementary deed having the name of a new partner
Step 5 - File form 4 (Notice) along with consent letter as the attachment within 30 days of the appointment
Step 6 - File form 3 (Information regarding limited liability partnership agreement and for the changes, if any, made therein) along with a supplementary as well as original deed as the attachment within 30 days of the appointment

Documents Required

Attested copy of Pan Card, Identity and Residential Proof
Digital signature (If available), Email ID and Phone no. of the applicant
Passport size photograph of the applicant
LLP Agreement
Educational qualifications and details about the contribution to the capital of LLP

Note

If the applicant is of a foreign country, an attached copy of the passport will be required.
Identity proof:
» Aadhar Card
» Driving License
» Passport
» Voter’s ID
Address proof:
» Aadhar Card
» Voter ID Card
» Driving License (DL)/Registration Certificate (RC)
» Electricity Bill (Not older than 3 Months)
» Water Bill (Not older than three months)

How will we help you?

Submit a service request by clicking here
Our team will get in touch with you to understand your requirements based on which we shall provide you with a simple checklist
Once you fill the checklist and provide us with the required documents, our team shall verify them
We shall file the respective forms with the department along with the documents
In case of any queries from the department, our experts shall respond to them on your behalf

FAQs

a. Can a foreigner be a designated partner?

Yes, a non-resident Indian can act as a DP in LLP. However, along with other documents required for Indian Designated partners, he will have to submit a copy of his Passport.

b. What is a supplementary deed in an LLP?

The addition of a new designated partner is done by executing a supplementary deed which is an addendum to the original LLP agreement.

c. Does LLP have shareholders?

LLP does not have shareholders or directors.

d. Can LLP have only one member?

No. When LLP is incorporated, a minimum of two designated partners is mandatory.

e. What are the rights and duties of the new partner in the LLP?

The role of designated partners in case of LLP is on the same footage as of directors in the case of a Company. The designated partners are directly responsible for the compliances of all provisions provided under LLP Act and the provisions specified in the LLP Agreement. Rights of designated partners are the same as of other partners and are also derived from the LLP agreement.

f. Still have doubts?

Speak to our experts who shall solve all your doubts.
Call us at +91 7738 066 334 or Mail us at info@indiacompanyincorporation.com

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