Add/Remove Designated Partner

A Limited Liability Partnership (LLP) may add/remove designated Partners, if the LLP agreement permits it. If the proposed designated partner does not possess Director Identification Number (DIN), he/she should apply for one. If the partner already has a DIN, the same can be used.

Process for adding designated partners

• The person proposing to become a Designated Partner must obtain a digital signature certificate and Director Identification Number (DIN).
• Once the DIN is allotted to the proposed Designated Partner, get the Consent letter from him/her in Form 9.
• Pass a resolution for appointment of Designated Partner.
• File Form 4 within 30 days after the new partner is added to the LLP.
• In case of an existing LLP, execute a Supplementary Agreement and file the same in Form 3.

If the LLP agreement doesn’t have any restrictions, a Designated Partner in a LLP can resign from a LLP by providing notice of resignation in writing to the other partners in the LLP. On the other hand, a Designated Partner can also be removed by the majority of other partners if the LLP Agreements gives such powers.

Process

 Obtaining resignation letter from the resigning Designated Partner in case of resignation.

• Hold meeting of Designated Partners and consider the matter of resignation.
• Hold meeting of Designated Partners and consider the matter of removal in case of removal of Designated Partner.
• Execute Supplementary Agreement to effect the changes and file the same in Form 3.
• File Form 4 within 30 days of resignation or removal.

Documents required

• Resignation Letter from the resigning Director
• Copy of Resolution