Earendil | Add/Remove Partner In LLP
add remove
partner
- We ensure smooth onboarding of the new partner.
- LLP partnership agreement process takes place during the registration of the
company.
- Likewise, the addition /removal/ resignation/retirement of partner(s) warrants
changes in the LLP agreement, and filed with MCA.
why register with earendil
- Our Chartered Accountant will guide you through the process. He/she will be
your single point of contact for registration assistance and for all other services that we offer.
- Our motto is “You only do what you do best; to us, leave the rest”. We assure
that once we start our relationship, you wouldn’t have to think about the areas which we handle.
- We take care all the documentation and follow up with the Ministry of
Corporate Affairs to ensure that the addition/removal of the Partner is registered with Registrar of
Companies at the earliest.
- We want you to not just Start Your Business, but also Run Your Business. With
us, your first month of compliances such as TDS, GST and processes such as payroll and accounting are free
to ease you into your business.
- We will also assist you with setting up and documenting Standard Operating
Procedures (SOPs) for your business.
ADDING A PARTNER IN LLP
- The number of designated partners in an LLP should be a minimum of two
individuals and not a firm/association/company.
- The designated partners will be responsible for the entire administration
process in LLP.
- As per the LLP Act, all the actions in an LLP is vested upon them.
- Adding partners can be done by passing a resolution in the firm and filing the
same and relevant Forms (Form 3) with the Registrar of Companies.
- Indian National, Non-resident Indians, and Foreign Nationals can be a
designated partner of an LLP firm in India.
RESTRICTIONS ON ADDING PARTNERS IN LLP
- A person adjudged insolvent within the preceding 5 years.
- A person who has defaulted in the payment made to Creditors within the
preceding 5 years and has not made a composition with them.
- A person convicted by a Court for an offense involving moral turpitude
involving a sentence of not less than six months.
- A person involved in any act of fraud.
- A person is below the age of 18 years.
DOCUMENTS REQUIRED FOR ADDING PARTNERS IN LLP
- Digital Signature Certificate (DSC).
- Designated Partner Identification Number (DPIN).
- Consent Letter of the proposed designated partner.
- Scanned copy of Photographs.
- Color printouts of following Identity and Address Proofs of the proposed
partner(s).
- Occupation and educational qualifications.
- Self-attested PAN Card.
- Self-attested Driving License/Passport/Voter ID.
- Documents of capital contribution of the proposed partner(s).
WHAT IS A SUPPLEMENTARY DEED
- The supplementary deed is made with relevant changes in the old partnership
deed during the addition/removal of partners in the company.
- Once a supplementary deed is drafted it has the same validity period as the
original LLP agreement.
- LLP agreement will be in force until or unless there is any alteration made
in supplementary deed as in the case of addition/removal of partners.
REMOVAL OF A PARTNER IN LLP
- Removal of partner should be filed with MCA along with relevant forms to
take effect just like the addition of partner.
- Resignation/expulsion of partner(s) should be done with prior notice in
writing to all the members of the company.
- Form 4 must be filed within the 30 days of the board resolution for the
removal to take effect.
RIGHTS TO
- Capital contribution of the partner.
- Accumulated profits deducted by accumulated loss.
LIABLE TO
- A designated partner may cease to be a partner in LLP for many reasons, but
the liabilities incurred in his tenure will not end and the partner will still be accountable for the
same.