Every Limited Liability Partnership (LLP) has to appoint minimum 2 (two) partners who shall act as Designated partners of such LLP. The partners could be body corporate as well as individuals. But the designated partners can only be individuals and out of which one should be resident of India. If any body corporate wants to hold the position of designated partner then it must appoint one individual nominee to act as designated partner of such LLP. While the registration of a Limited Liability Partnership (LLP) its incorporation documents (LLP1 and LLP2) should state who shall act as designated partners of the LLP out of all the partners. Designated partners must have Designated Partners Identification number (DPIN) before their appointment, although if they are already having DIN with them, then there is no need to take DPIN in addition.
*Designated Partners-They are the one who are responsible for all the liabilities of such LLP, in respect of every compliances of the LLP including filing of every report, returns and every document as specified under the LLP act, 2008.
*Resident of India-means a person who has stayed in India for a period of not less than 182 days in the preceding financial year.
*Body Corporate– the wide meaning of a body corporate includes:
- a limited liability partnership registered under this Act;
- a limited liability partnership incorporated outside India; and
- a company incorporated outside India,
HOW TO APPOINT DESIGNATED PARTNERS IN A LLP
Following is the procedure for appointment of a designated partner:
- Obtain Digital Signature Certificate of designated partner
- File form DIR 3 and obtain DIN
- Draft supplementary deed having the name of new partner
- Obtain the consent of that partner
- File form 4 along with consent letter as the attachment within 30 days of the appointment.
- File form 3 along with supplementary as well as original deed as the attachment within 30 days of the appointment.
- The fees for both the forms is Rs 50/-, but if not uploaded within 30 days of appointment then the penalty per day is Rs 100/-.
- Both the form 3 and 4 are uploaded simultaneously after linking each other.
- After getting the form approved from the ROC, the name of the new designated partner will get displayed in the MCA site.
WHO CAN BE APPOINTED AS DESIGNATED PARTNERS OF A LLP
Every individual can be appointed as designated partner of a LLP except:
A person of unsound mind
A person adjudicated as insolvent