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Designated Partner in LLP

Courtesy/By: Aarushi Ghai | 2021-01-08 14:03     Views : 320

Designated partner is a new concept that has been introduced through the Limited Liability Partnership Act, 2008. A designated Partner is a concept similar to the directors of the Private Limited Company. However, a designated partner is entitled to more privileges and advantages.

There is a mandatory provision in the Limited Liability Partnership Act, 2008 which states that there must be at least two designated partners present in the Limited Liability Partnership business. If an LLP fails to comply with the above-stated provision then it has to face certain penalties, which can amount to Rs. 10,000 or more. This also includes a situation where the designated partner has left and there is a vacancy that has not been yet filled within a period of 30 days by the firm.

Certain steps are to be followed in the appointment of the designated partner:

  1. The applicant must fill form 9. Form 9 is a record for consent made by the applicant for the position of designated partner.
  2. The second form which the applicant must fill in form 4, which contains all the details of the applicant
  3. There is a form 10 that is filled if there are any changes made by the designated partner
  4. All the LLPs are responsible for filing all the necessary particulars of all the individuals who have consented for the designated partner in the form, and the same is to be submitted to the registrar. This has to be completed within 30 days of the appointment from the designated partner.

All the designated Partners in the LLP must have the DPIN i.e. the Designated Partner Identification Number and their names must be included in the Limited Liability Partnership agreement. There is no maximum limit for the number of designated partners in the firm, however; the minimum limit is two as per law. There are no restrictions on joining or leaving the LLP, it is an easy process and the ownership is easily transferable from one person to another person.

There are certain duties laid down for the designated partner:

  1. The Designated Partner of the LLP has to attach his signature on the financial statements and with respect to Solvency, form - 8, which is a declaration.
  2. It is the duty of the LLP to file annual returns with the Registrar within a specified period. If this isn’t complied with then as a penalty all Designated partners are imposed with a penalty of more than Rs 10,000.
  3. The Designated Partner may also file the returns of documents if required.
  4. The Designated Partner has the duty to 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.

 

 

This Article Does Not Intend To Hurt The Sentiments Of Any Individual Community, Sect, Or Religion Etcetera. This Article Is Based Purely On The Authors Personal Views And Opinions In The Exercise Of The Fundamental Right Guaranteed Under Article 19(1)(A) And Other Related Laws Being Force In India, For The Time Being.

Courtesy/By: Aarushi Ghai | 2021-01-08 14:03