Add Designated Partner

In order to join the LLP, a new Partner must fill out Form 6 and notify the LLP of his or her willingness to join. After the person is admitted as a new Partner, the LLP must file Form 4 within 30 days of the day he or she joins the LLP.

A Limited Liability Partnership (LLP) is a company form that replaces a corporation and provides limited liability to participants at a low cost of compliance. The partners in an LLP can also organise their internal structure in the same way that they would in a regular partnership. An LLP is a legal entity that is responsible for all of its assets. The partners’ responsibility, on the other hand, is limited.

Checklist for Adding A Designated Partner

  • The person must be at least eighteen years old.
  • An LLP can have any number of partners, including individuals and corporations.
  • A unique identification number is required for anyone who aspires to become a partner (For instance, Aadhaar Card)
  • A minimum of two selected partners are required in any LLP.
  • The individual must be of sound mind.
  • Fraud should not be committed by the individual.
  • In a limited liability partnership, there is no maximum number of partners.
  • At least one of the designated partners must be a resident Indian national.
  • The other Designated Partners must also provide a consent letter detailing their proof and supporting papers.
  • In the previous five years, the individual should not have been declared bankrupt.
  • Anyone who has not properly finalised payment settlements with any creditors in the last five years and has not reached an agreement with them.
  • If a partner’s name or address has changed, the partner must notify the LLP within 15 days of making the change. It is the responsibility of the LLP firm to notify the Registrar of any changes to Form 4 within 30 days of the modification.

Types Of LLP Partner

  • Equal Partner
  • Husband and Wife LLP Partner
  • Different Rights and Different Power LLP Partner
  • Different Rights LLP Partner

Document Required

  • The applicant’s PAN card
  • The applicant’s Aadhaar Card
  • Photograph of the candidate
  • The applicant’s email address
  • Number to call
  • Apply for a DIN Number- Following the DSC, the Director Identification Number will be applied in the form DIR – 3 together with the applicant’s address evidence and identity proof.
  • Once the designated partner has been assigned a DIN, all of the LLP’s current partners will convene a meeting and pass a resolution to add a designated partner to the partnership deed.
  • A supplemental partnership deed will be created to include the new partner’s name.
  • The new partner’s approval will then be obtained in writing.
  • Within 30 days of the appointment, Form – 4 of LLP will be filed after these documents have been prepared.
  • Within 30 days of appointment, FORM – 3 will be filed, along with the supplementary and original partnership deed.
  • The name of the selected partner will be added after all of these documents have been filled.
  • If Forms 3 and 4 are not filed within 30 days, there is an extra fee of Rs. 100/- per day on each form.

 

 

Procedure for Adding A Designated Partner

  • The consent of all existing Partners is normally necessary to add a new Partner to an existing LLP. If the LLP agreement allows it, one Partner can also have the authority to admit new Partners to the LLP without the assent of all of the existing Partners. In order to join the LLP, a new Partner must fill out Form 6 and notify the LLP of his or her willingness to join. After the person is admitted as a new Partner, the LLP must file Form 4 within 30 days of the day he or she joins the LLP.
  • An existing Designated Partner must sign LLP Form 4. A certificate from a practising Company Secretary or Chartered Accountant is also required, stating that the CS/CA has reviewed the aspects of the Partner addition, including the LLP’s books and records, and determined them to be correct.
  • A LLP agreement for adding a Partner must be executed as an addendum to the existing LLP Agreement in addition to the foregoing. 

LLP agreement format for adding partner

This Agreement is made and signed in (CITY) on this (Date) day of the year (MONTH, YEAR).

  • Mr. (Existing Partner A), son of (Partner’s Father Name), dwelling at (Partner’s Address) AND Mr. (Existing Partner B), son of (Partner’s Father Name), residing at (Partner’s Address) AND
  • Mr. (Existing Partner B), son of (Partner’s Father Name), residing at (Partner’s Address), (together referred to as the Existing Partners) of the one part;
  • Mr. (New Partner A), son of(Partner’s Father Name), living at(Partner’s Address), (hereafter referred to as the New Partner) of the other part;
  • Whereas, pursuant to the Limited Liability Partnership Agreement dated (Describe LLP Business Activity), the Existing Partners are carrying on the business of (Describe LLP Business Activity) at (Registered Office) under the name and style of (LLP Name) LLP (Registration No. (LLP Registration)) (hereinafter referred to as LLP) (Original LLP Agreement Date).

This Deed now bears witness to the following:

  • This agreement is in addition to the Existing Partners’ LLP Agreement, which was made and completed on (LLP Agreement Date).
  • The  New Partner shall be a partner with the Existing Partners as of the date of this agreement, subject to the terms and conditions of the above-mentioned LLP Agreement, except to the extent that the same are amended by this agreement.
  • The LLP’s capital shall be Rs. xxx (New LLP Total Contribution) contributed by the parties in the following manner:
  • Contribution of A Partner:
  • Contribution of Partner B:
  • Contribution of Partner C:
  • In accordance to their individual shares in the LLP, the partners will be able to share the profits and bear the losses of the LLP.
  • The LLP Agreement of date (Original LLP Agreement Date) shall be interpreted and understood as if it had been executed by the Existing Partners and New Partner hereto, save as modified by this agreement.
  • The parties here to have set and signed their hands in witness thereof, the day and year first mentioned hereinabove.

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