Add Designated Partner (LLP)
Quick Answer
Adding a designated partner to your Limited Liability Partnership (LLP) is a common business change required when a partner resigns, or when the LLP needs additional compliance. Under the Limited Liability Partnership Act, 2008, every LLP must have at least two designated partners who are individuals.
Add Designated Partner (LLP) — detailed explanation below
Governing Act — Add Designated Partner (LLP) India
The process of adding a designated partner to an LLP is governed by the Limited Liability Partnership Act, 2008 and the Limited Liability Partnership Rules, 2009. Specifically, Section 7 of the LLP Act requires every LLP to have at least two designated partners who are individuals, and at least one of them must be a resident of India. Any change in designated partners must be filed with the Registrar of Companies (ROC) within 30 days of the change.
Government Department & Website for Add Designated Partner (LLP) India
The Ministry of Corporate Affairs (MCA) is the governing body. All filings are done through the MCA portal at www.mca.gov.in. The relevant form for adding a designated partner is Form 4 (Notice of appointment of a designated partner).
Add Designated Partner (LLP) India Application Process
The process involves the following steps:
- Obtain consent of the new designated partner in Form 9 (Consent to act as designated partner).
- Hold a meeting of partners or pass a resolution approving the appointment.
- File Form 4 with the ROC within 30 days of appointment, along with the consent and other documents.
- Pay the prescribed fee online via the MCA portal.
- The ROC will issue a certificate of registration of the change.
Key Forms Required for Add Designated Partner (LLP) India
The key forms are:
- Form 4: Notice of appointment of a designated partner.
- Form 9: Consent to act as designated partner.
- Form 12: For change in registered office address (if applicable).
- Digital Signature Certificate (DSC) of the new partner and Designated Partner Identification Number (DPIN) are also required.
Eligibility Criteria for Add Designated Partner (LLP) India
To be appointed as a designated partner, the individual must:
- Be a natural person (individual).
- Have a valid Designated Partner Identification Number (DPIN).
- Not be disqualified under the LLP Act (e.g., unsound mind, undischarged insolvent, convicted of an offence involving moral turpitude).
- At least one designated partner must be a resident of India (stayed in India for at least 182 days in the preceding calendar year).
Timeline for Add Designated Partner (LLP) India
The timeline for adding a designated partner depends on the ROC processing time. The LLP must file Form 4 within 30 days of the appointment. The ROC typically processes the form within 15-20 working days if all documents are in order. No specific timeline can be guaranteed as it varies by jurisdiction.
Fees for Add Designated Partner (LLP) India
The government fees for filing Form 4 are as follows:
| Particulars | Fee (INR) |
|---|---|
| Filing of Form 4 (based on contribution) | ₹50 per partner (minimum ₹200) |
| Late filing fee (if beyond 30 days) | ₹100 per day |
| DSC token fee | ₹200 (approx) |
Note: Professional fees of the advocate or chartered accountant are additional.
Frequently Asked Questions
What is the process to add a designated partner in an LLP in India?
The process involves obtaining consent of the new partner in Form 9, passing a resolution, filing Form 4 with the ROC within 30 days, and paying the prescribed fee. The new partner must have a DPIN and DSC.
What are the eligibility criteria for adding a designated partner in India?
The individual must be a natural person, hold a valid DPIN, not be disqualified under the LLP Act, and at least one designated partner must be a resident of India.
What forms are required to add a designated partner in an LLP?
The key forms are Form 4 (Notice of appointment) and Form 9 (Consent to act as designated partner). The new partner also needs a DPIN and DSC.
What is the fee for adding a designated partner in an LLP in India?
The government fee for Form 4 is ₹50 per partner (minimum ₹200). Late filing attracts ₹100 per day. Professional fees are extra.
Can a foreign national be a designated partner in an Indian LLP?
Yes, a foreign national can be a designated partner, but at least one designated partner must be a resident of India (stayed in India for at least 182 days in the preceding calendar year).
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