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Add or Remove Designated Partner (LLP)

How to Add or Remove Designated Partner/s of an LLP?

How to Add or Remove Designated Partner/s of an LLP?

A Limited Liability Partnership is managed and operated by it partners who direct the LLP towards its goals and vision. Adding of new partners of leaving of existing partner won’t affect the status of LLP, but surely impacts the growth of the business and responsibilities of other partners. The change in partners must be approved from Ministry of Corporate Affairs to be in practice. Consent from newly coming partner or existing leaving partner in case of joining or leaving respectively have to be obtained, followed by change in LLP agreement and apply with MCA for approval of changes. Within 30 days of the change, application to Ministry of Corporate Affairs should have to file.

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    Why the Change of Partners Required?

    Inviting Expertise with Additional Capital

    A partner in Limited Liability Partnership normally appointed either for capital or for expertise. With appointment of a new partner the firm will get additional capital which increases the borrowing power of the firm which increases the opportunities for an easy approval of loan. Admitting a new partner not only brings up capital but also leverages the skills and knowledge. Added skills and knowledge can also do wonders bringing up the business to new heights.Show Less

    Inefficiency of the Existing Partner

    If an existing partner of LLP may not be able to contribute on his parts of assigned roles due to retirement or any other reason, he/she may exit from his role at LLP. The exit of a designated partner won’t affect the existence of LLP but the same must be intimated to Ministry of Corporate Affairs and the LLP can appoint a new partner if requires.Show Less

    Change in Partnership Terms

    Limited Liability Partnership firm forms under a mutual agreement between the partners and the terms can be changed or modified time to time with the requisite of business situations, expansion plan, entering into new agreements with other companies or individuals, etc. The change in terms may not be accepted by one or other partner and he/she may decide to exit from the entity. In such cases also partners need to intimate the same with Ministry of Corporate Affairs and the LLP can appoint a new partner if necessary.Show Less

    Number of Designated Partners is below the Statutory Limit

    A Limited Liability Partnership needed to maintain minimum of 2 designated partners all the time. If due to any reasons such as resignation of partners, if the total number of designated partners reduced below 2, the Limited Liability Partnership must have to appoint a new designated partner.Show Less

    Documents Required for Add or Remove Designated Partner

    PAN Card

    Self attested PAN card of the partner to be removed/appointed

    Photograph

    Passport size photograph of the partner to be removed/appointed

    Proof of Address

    Aadhaar Card/Passport/Voter ID/Driving License of the partner to be appointed/removed

    Digital Signature Certificate

    DSC of the continuing partner and the partner to be removed

    LLP Agreement

    LLP agreement executed while registration.

    Add/Remove Designated Partner in 3 Easy Steps

    Step 01

    Fill up the registration form

    • Select any package suits your requirement
    • Fill up the form which will take less than 10 minutes
    • Make payment through secure payment gateway.

    Step 02

    BookMyTM is Here to Help

    • Your queries will be answered quickly and effectively
    • Consultation on Add/Remove Designated Partner
    • Provide details & upload documents required for Add/Remove Designated Partner
    • Supplementary agreement for change of partners
    • Drafting of necessary documents
    • Preparation and Filing of Application

    Step 03

    Partner Added/Removed

    Sharing of updated MCA master data with modified details

    All it takes 8 – 10 working days*
    *Subjected to Government Processing Time

    Process of Add/Remove Designated Partner

    Day 1 - 2

    • Consultation on Add/Remove Designated Partner
    • Collection of Information
    • Collection of required documents (Scanned copies)
    • Review of documents and information provided

    Day 3 - 5

    • Drafting of necessary documents
    • Drafting of Supplementary Agreement
    • Sending documents to get signed from partners

    Day 6 - 8

    • Receipt of signed documents from partners
    • Payment of Stamp duty on supplementary agreement

    Day 9 - 10

    • Preparation of online application
    • Filing of application
    • *Subjected to Government Processing Time

    FAQ

    1. Whether the LLP Agreement is to be modified to remove/add partners?

    Answer:
    Yes. The LLP agreement must be updated via a supplementary deed when adding or removing partner(s), clearly outlining details like capital changes and revised profit-sharing ratios. test.accendoz.com

    2. When should the supplementary deed be filed with MCA?

    Answer:
    Within 30 days from the date the deed is executed or the effective date of change—whichever is earlier. Late filing incurs a ₹100/day penalty until submission. test.accendoz.com

    3. What is the difference between Partner and Designated Partner?

    Answer:
    Partners are responsible for acts and omissions they commit personally. Designated Partners, however, bear additional responsibility for the LLP’s compliance and operational matters, including penal liabilities. test.accendoz.com

    4. What should I do if my other Partner has resigned and I am the only one left now?

    Answer:
    The LLP must appoint a new Designated Partner within 6 months of the effective date of the last partner’s exit. If another partner already exists, they can be re-designated as a Designated Partner. test.accendoz.com

    5. Whether Stamp Duty is required to be paid on Supplementary Deed?

    Answer:
    Yes. Stamp duty is applicable on the supplementary deed according to the capital added and prevailing state rates. Additionally, a ₹100 stamp duty fixed fee must be paid. test.accendoz.com

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

    Answer:
    There are no residency or citizenship restrictions—foreign nationals, companies, and LLPs can be admitted, provided at least one designated partner is an Indian resident. The designated partner must hold a valid DIN and not be disqualified. test.accendoz.com

    7. What are the prerequisites for admission of a Partner in the LLP?

    Answer:
    The incoming partner must provide consent in the prescribed form. If appointed as a designated partner, they must obtain a Digital Signature Certificate (DSC) to obtain a DIN. test.accendoz.com

    8. Do I need to apply for another DIN, if I have already procured one?

    Answer:
    No. The DIN is unique and permanent, and may be used for appointments in other LLPs or companies. test.accendoz.com

    9. Is it mandatory for a Partner/Designated Partner to contribute capital?

    Answer:
    No, capital contribution is not mandatory unless specifically agreed among partners. Contributions can be in any form (tangible or intangible) and should follow the LLP agreement. test.accendoz.com

    10. What are the rights and liabilities of the new Partner(s) in the LLP?

    Answer:
    Their rights and liabilities are determined by the LLP agreement and supplementary deed. If not expressly set out, they default to the terms of the original LLP agreement. test.accendoz.com

    11. What are the rights and liabilities of the Partner exiting from the LLP?

    Answer:
    These are defined in the original LLP agreement and further detailed in the supplementary deed, covering aspects such as capital reimbursement and payment terms.

    12. Can I resign myself from the LLP in which I am a Partner?

    Answer:
    Yes. A partner must give the LLP and the remaining partners at least 30 days’ notice before resignation. test.accendoz.com
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