How To Add A Designated Partner?
The newly appointed partner should have a DPIN and if one doesn't, a new DPIN should be applied for.
Adding a Designated Partner
In the case of a Limited Liability Partnership (LLP), at least two individuals who are partners shall act as designated partners. These partners must have a Designated Partner Identification Number and their names must feature in the LLP partner agreement. The appointed partner can be changed or removed. These are easy to apply and the compliances are lesser when compared to other types of company registrations.
There is no maximum limit on a number of partners. There is also no restriction on joining and leaving an LLP. One can easily join or leave it. The ownership can also be transferred from one person to another without much difficulty.
Duties of a Designated Partner in LLP
While adding a designated partner in an LLP, the partner should be aware of his/her duties and responsibilities to be followed while in the period of holding the partnership.
- The Designated Partner of the LLP is authorized to attach his signature on the Statement of Account and Solvency, form – 8, which is a declaration.
- The LLP must file annual returns with the Registrar within a specified period of 60 days from the date of closure of the financial year. If this isn’t implemented, every Designated Partner will be imposed with a fine exceeding Rs 10,000.
- If there is any need, then the Designated Partner may file the returns of documents.
- The Designated Partner must 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.
- When an investigation conducted by an inspector takes place, then a Designated Partner is responsible to reimburse the expenses.
Checklist for Eligibility of a Designated Partner
A person has to fulfill the specific requirements in case he wants to enrol himself as a designated partner with an LLP. Let us have a look at some of the primary requirements to be eligible to become a designated partner in an LLP:
- The individual must be at least 18 years old.
- Any individual or body corporate can be eligible to be a partner in an LLP.
- The individual who wishes to become a partner must have a unique identification number (For instance, Aadhaar Card)
- Every LLP must have a minimum of two designated partners.
- The person should be in a sound mind.
- The person shouldn’t be involved in fraudulence.
- There is no maximum limit for the number of partners in a limited liability partnership.
- At least one designated partner must be an Indian national who resides in India.
- The other Designated Partners must also provide a consent letter stating their proof and other documents.
- The individual should not have adjudged bankruptcy in the last 5 years.
- One who has not properly closed the payment settlements with any creditors in the last 5 years and also haven’t made an agreement regarding the same with them.
In case if the partner has changed his/her name or address, then the partner shall inform the LLP of any modification made in his/her name or address within a period of 15 days of such revision. It’s the LLP firm’s responsibility to file such details with the Registrar within 30 days of such a change in the Form 4.
Procedure for Adding Designated Partners in LLP
The best thing about LLPs is that partners can be added or removed anytime. However, the designated partner should be made fully aware of his roles and responsibilities before adding him to the LLP. In order to add a partner in an LLP, you have to follow the steps mentioned below:
- DIN and DSC have to be obtained and processed for adding a designated partner. We will obtain its consent letter.
- Through the partnership deed, the decision to add a designated partner will take place in a meeting.
- The new partner’s name will be added to the supplementary partnership deed.
- We help you draft the partnership deed.
- Following the appointment, within 30 days, the new partner must file form-4. You must submit this form along with both the additional and original deed.
- After this process, form-3 should be filed and processed along with the partnership deed within 30 days of the appointment.
- Once all the procedures are done, the new designated partner’s name will be added to the LLP and viewed in the MCA (Ministry of Corporate Affairs) website.
Documents required for a designated partner in LLP
Documentation plays a very important role in adding a designated partner in an LLP. An individual has to submit the following documents for becoming a member of an LLP:
DSC (Digital Signature Certificate)
DSC is the first requirement for becoming a partner in an LLP. To get the Digital Signature Certificate, you should submit the following documents:
- PAN card
- Aadhaar card
- Passport size photographs
- Contact details such as Email ID and phone number
- Educational qualifications
Once your DSC is generated, you can proceed to apply for DIN (Director Identification Number).
DIN is necessary for becoming a designated partner. To get the DIN number, you should submit the following documents:
- Apply in the e-form DIR – 3 (Visit MCA website to access this form)
- Identity proof (Aadhaar card, PAN card, etc.)
- Address proof (Rental agreement, Ration card, etc.)
If the applicant is from another nation, then a copy of the passport is required.
Supplementary Deed For The New Partner
A supplementary deed has to be provided with the new partner’s details. Written consent by the new partner will also be required.
The Original Deed Also Needs To Be Furnished
The original LLP deed would also be required to be submitted within 30 days of the addition of the designated partner.
Form 3 And Form 4 Have To Be Filled As Well
Form 3 and Form 4 have to be submitted as per the stated procedure
Passport, In Case A Foreigner Is A Designated Partner
The foreigner has to submit a copy of his passport as well to become the designated partner. If the details are mentioned in any language other than English, he will have to get it translated, apostilled and notarized before submitting the passport copy.
Elimination of the cascading effect
The introduction of GST into the Indian tax system has done away with several other taxes like central excise duty, service tax, customs duty and state level value added tax. Thus a single GST has eliminated the cascading effect of tax on tax .
Higher threshold benefits
Before GST was introduced, VAT or value added tax was applicable for any business that had an annual turnover of 20 lakhs. Services that saw a turnover of less than 10 lakhs did not have to pay service taxes.
Earlier startups with an annual turnover of 5 lakh had to pay VAT which would be very difficult for a business during the initial stages. But as GST has replaced VAT, businesses can set off the service tax on their sales.
E-commerce for quick supply of goods
Startups are making a strong presence online offering their services and products through their websites. Under VAT, there were many types of VAT laws, and the supply of goods through online, that is, E-commerce was never a well-defined one. For instance, if you need to deliver goods to various states, then you will have to file the VAT declaration first. After that, you will need to provide registration details about the trucks which deliver the goods. In many instances, goods end up being seized by the authorities due to lack of proper documents. GST has now removed all such confusing processes.
Regulations and accountability
The pre-GST period witnessed a disorganized tax filing system. Presently, all taxes are paid online and major hassles that were a part of tax filing have been eliminated in the process of introducing GST. This has resulted in industries becoming more accountable and tax filing laws are better regulated than before.
Procedure for Adding a Designated Partner
3 Working Days
If the proposed designated partner does not have the Designated Partner Identification Number (DPIN), then the applicant should apply for one. If the partner already has a DPIN, the same can be used.
4 Working Days
A resolution needs to be passed, approving the appointment of the designated partner will be done, form 4 needs to be filed for a change in a partner and form 3 for amendment in the LLP Agreement.
What are the types of LLP Partners?
Can a foreigner be made a designated LLP partner? If yes, then what are the additional requirements?
What are the forms that a designated partner will have to fill at the time of addition?
How many partners can be added to an LLP?
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