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All You Need to Know

What is Appointment of Director?

Who is a Designated Partner under LLP?

Designated Partners in an LLP

Every LLP must have at least two Designated Partners, who must be individuals, and at least one of them must be a resident of India. The Designated Partners manage the LLP’s operations and ensure compliance with the LLP Act, 2008. Their roles and responsibilities are outlined in the LLP deed, and they oversee the overall administration of the LLP.  
  • Requirements for Appointing Designated Partners
    To be appointed as a Designated Partner, an individual must meet the following criteria:
  • Digital Signature Certificate (DSC): Required for electronic submissions and document signing.
  • Designated Partner Identification Number (DPIN): A unique identification number needed for Designated Partners, similar to the DIN for company directors. DPIN can be obtained for individuals above 18 years of age.
  • Consent Letter: A formal consent from the proposed Designated Partner.

Procedure for Adding or Removing a Designated Partner

Pass a Resolution: A resolution must be approved in the LLP’s meeting for the addition or removal of a Designated Partner.
File Forms with the Registrar: Submit Form 4 and other required forms to the Registrar of Companies.
Update the LLP Deed: Amend the LLP deed to reflect the changes in Designated Partners.

Eligibility for Designated Partners

Indian Nationals: Eligible to be appointed as Designated Partners.
Non-Resident Indians & Foreign Nationals: Can be appointed as Designated Partners, provided there is at least one resident Indian Designated Partner.

Why Choose My File Tax for Designated Partner Services?

My File Tax is your go-to platform for all LLP compliance needs. Our team of experienced professionals ensures that the process of appointing or removing a Designated Partner is efficient and affordable.

Our Services Include:
    Document Preparation: We handle the necessary documentation, including obtaining DSC & DPIN and preparing Consent Letters.
    Form Filing: We take care of filing the required forms with the Registrar of Companies and ensure compliance with all regulations.
    Expert Consultation: Contact our compliance manager at +91 72074 46677 or email kbharathca@gmail.com for a free consultation.

Choose Your Package

Charges for Income Tax return filing in India

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ESSENTIAL

1299/-
(All Inclusive)

  • Preparation of Supplementary deed (Applicable for Partnership Firm)
  • Execution of deed (Applicable for Partnership Firm)
  •  
Choose Plan
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ENHANCED

2299/-
(All Inclusive)

  • Preparation of Supplementary deed
  • Execution of deed
  • Documents preparation for filing
  • Filing of Form 3 and Form 4 with Department
  •  
Choose Plan
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ULTIMATE

3299/-
(All Inclusive)

  • Preparation of Supplementary deed
  • Execution of deed
  • DSC of Incoming Partner
  • DIN of Incoming Partner
  • Documents preparation for filing
  • Filing of Form 3 and Form 4 with Department
  •  
Choose Plan

Documents Required

  • Scan photographs of all the Incoming Partners
  • Occupation and Educational Qualifications of all the Incoming Partners
  • Self attested and color copy PAN Card of all the Incoming Partners
  • Self attested and color copy ID Proof of all the Incoming Partners (Driving License/Passport/Voter ID)
  • Details regarding Capital Contribution of all the Incoming Partners

Who cannot be a Designated Partner under an LLP?

  • A person adjudged insolvent within preceding 5 years;
  • A person who has defaulted in payment made to Creditors within preceding 5 years and has not made a composition with them;
  • A person convicted by a Court for an offence involving moral turpitude involving sentence of not less than six months;
  • A person involved in any act of fraud;
  • Minors below the age of 18 years.

How to Appoint a Designated Partner

LLP Supplementary Deed & Resolution

We will manage the entire documentation process for you. This includes drafting and preparing the Supplementary LLP Deed and the Board Resolution required for the appointment or removal of a Designated Partner.

DSC & DPIN Application

Our team will apply for your Digital Signature Certificate (DSC) and Designated Partner Identification Number (DPIN). The DPIN is essential for the appointment or addition of a Designated Partner. We will also obtain the Consent Letter from the proposed Designated Partner in the prescribed format.

Filing Forms with the Ministry

Once we have all the necessary documents, including DSC, DPIN, Consent Letter, and Supplementary Deed, we will file Form 3 and Form 4 with the Ministry of Corporate Affairs. After successful submission, we will send you the acknowledgment receipt to your registered email ID.

FAQs On Adding/Removal of Designated Partner

To become a Designated Partner in an LLP, the following requirements must be met: Age: The individual must be at least 18 years old. Nationality: The individual can be an Indian National, Non-Resident Indian (NRI), or a Foreign National. DPIN: A Designated Partner Identification Number (DPIN) must be obtained. This is similar to a Director Identification Number (DIN) for company directors. Digital Signature Certificate (DSC): A valid DSC is required for filing electronic documents with the Ministry of Corporate Affairs. Consent Letter: A formal consent letter from the proposed Designated Partner, agreeing to take up the role and responsibilities. Legal Eligibility: The individual should not be disqualified from becoming a partner as per the LLP Act, 2008.

Minimum Number: An LLP must have at least two Designated Partners, and at least one of them must be a resident of India. Maximum Number: There is no upper limit on the number of Designated Partners in an LLP. An LLP can have as many Designated Partners as required for its operations.

Partner: A Partner in an LLP is an individual who contributes to the LLP’s business and shares in its profits and losses. Partners may or may not have managerial responsibilities. Designated Partner: A Designated Partner is a specific partner who is responsible for managing the LLP’s operations and ensuring compliance with legal and regulatory requirements. They hold statutory responsibilities as defined under the LLP Act, 2008.

If a Partner in an LLP changes their name or address, they are required to: Notify the LLP: Inform the LLP of the change as soon as it occurs. Update Records: File Form 4 with the Ministry of Corporate Affairs, updating the LLP’s records with the new details. Submit Proof: Provide proof of the name or address change, such as a government-issued document or utility bill.

Chaahna Associates offers services across various cities in India. Some of the major cities where we provide our services include: Delhi Mumbai Bengaluru Chennai Kolkata Hyderabad Pune Ahmedabad Jaipur Chandigarh For services in cities not listed here, please get in touch with us to confirm availability.

If you have any questions or need more information, feel free to contact our compliance manager at +91 72074 46677 or email us at kbharathca@gmail.com for a free consultation.