Every Limited Liability Partnership must have at least two designated partners. To add a designated partner, a resolution needs to be passed. He must have a DPIN and his name must be amended in the LLP agreement.
Only 3 steps to follow
Email all the documents
We draft & file the documents required
Once approved, the
partner is onboarded
Appointment of New Partner in LLP
In the case of a Limited Liability Partnership (LLP), at least two individuals who are partners shall act as designated partners. These partners must have a Designated Partner Identification Number and their names must feature in the LLP partner agreement. The appointed partner can be changed or removed. These are easy to apply and the compliances are lesser when compared to other types of company registrations.
There is no maximum limit on a number of partners. There is also no restriction on joining and leaving an LLP. One can easily join or leave it. The ownership can also be transferred from one person to another without much difficulty.
Eligibility of a Designated Partner
The individual must be at least 18 years old.
Any individual or body corporate can be eligible to be a partner in an LLP.
The individual who wishes to become a partner must have a unique identification number (For instance, Aadhaar Card)
Every LLP must have a minimum of two designated partners.
The person should be in a sound mind.
The person shouldn’t be involved in fraudulence.
There is no maximum limit for the number of partners in a limited liability partnership.
At least one designated partner must be an Indian national who resides in India.
The other Designated Partners must also provide a consent letter stating their proof and other documents.
The individual should not have adjudged bankruptcy in the last 5 years.
One who has not properly closed the payment settlements with any creditors in the last 5 years and also haven’t made an agreement regarding the same with them.
In case if the partner has changed his/her name or address, then the partner shall inform the LLP for any modification made in his/her name or address within a period of 15 days of such revision. It’s the LLP firm’s responsibility to file such details with the Registrar within 30 days of such a change in the Form 4.
Duties of a Designated Partner in LLP
While adding a designated partner in an LLP, the partner should be aware of his/her duties and responsibilities to be followed while in the period of holding the partnership.
The Designated Partner of the LLP is authorized to attach his signature on the Statement of Account and Solvency, form - 8, which is a declaration.
The LLP must file annual returns with the Registrar within a specified period of 60 days from the date of closure of the financial year. If this isn’t implemented, every Designated Partner will be imposed with a fine exceeding Rs 10,000.
If there is any need, then the Designated Partner may file the returns of documents.
The Designated Partner must support the authority with the necessary documents, information, signing any requirements, etc. by extending his/her co-operation to the inspector on inquiry or inspection.
When an investigation conducted by an inspector takes place, then a Designated Partner is responsible to reimburse the expenses.
DSC (Digital Signature Certificate)
DSC is the first requirement for becoming a partner in an LLP. To get the Digital Signature Certificate, you should submit the following documents:
Passport size photographs
Contact details such as Email ID and phone number
Once your DSC is generated, you can proceed to apply for DIN (Director Identification Number).
DIN is necessary for becoming a designated partner. To get the DIN number, you should submit the following documents:
Apply in the e-form DIR - 3 (Visit MCA website to access this form)
Identity proof (Aadhaar card, PAN card, etc.)
Address proof (Rental agreement, Ration card, etc.)
If the applicant is from another nation, then a copy of the passport is required.
Supplementary Deed for the new partner
A supplementary deed has to be provided with the new partner’s details. Written consent by the new partner will also be required.
The original deed also needs to be furnished
The original LLP deed would also be required to be submitted within 30 days of the addition of the designated partner.
Form 3 and Form 4
Form 3 and Form 4 have to be submitted as per the stated procedure
Passport, in case a Foreigner is a Designated Partner
The foreigner has to submit a copy of his passport as well to become the designated partner. If the details are mentioned in any language other than English, he will have to get it translated, apostilled and notarized before submitting the passport copy.
How It is done?
The best thing about LLPs is that partners can be added or removed anytime. However, the designated partner should be made fully aware of his roles and responsibilities before adding him to the LLP. In order to add a partner in an LLP, you have to follow the steps mentioned below:
DIN and DSC have to be obtained and processed for adding a designated partner. We will obtain its consent letter.
Through the partnership deed, the decision to add a designated partner will take place in a meeting.
The new partner’s name will be added to the supplementary partnership deed.
We help you draft the partnership deed.
Following the appointment, within 30 days, the new partner must file form-4. You must submit this form along with both the additional and original deed.
After this process, form-3 should be filed and processed along with the partnership deed within 30 days of the appointment.
Once all the procedures are done, the new designated partner’s name will be added to the LLP and viewed in the MCA (Ministry of Corporate Affairs) website.
1. Should we update the LLP Agreement to add or remove partner in LLP?
You should amend the LLP Agreement by entering into a Supplement Deed. The LLP Agreement shall provide the details of changes including the additional capital introduced, new profit sharing ratio, and any other insertion or deletion of clauses in the original LLP Agreement. You must file the Supplement Deed with the MCA within 30 days of the date of execution.
2. Should we pay Stamp Duty on Supplementary Deed?
If there is added capital to the LLP, the stamp duty should be paid according to the added capital in LLP and as per the rate prescribed by the respective state. If there is no capital added in LLP on addition and removal of a partner, the stamp duty of Rs. 100 should be paid.
3. Whether a partner or designated partner shall contribute in LLP?
While the addition of a partner in LLP, the Partner or Designated Partner may contribute the amount agreed by and between all the partners including present in any form whether tangible or intangible. However, it is not mandatory to bring capital to LLP.