Add a Partner in LLP
In most cases, adding a new partner to an existing limited liability partnership requires the consent of all current partners. One Partner may also have the power to add new Partners to the LLP without the consent of all existing Partners, provided the LLP agreement permits it
Overview
At least two partners should be present in every limited liability partnership (LLP), with two serving as designated partners who manage day-to-day operations and act on behalf of the partners. Once assigned, a partner or designated partner may be removed, replaced, or appointed.
A new Partner must complete Form 6 and inform the LLP of their intention to join in order to become a member. Within 30 days of the person joining the LLP, the LLP must file Form 4 once the person is admitted as a new Partner.
Benefits of Adding a Partner in LLP
If required strong leadership
A strong leader is essential to a board’s successful operation, especially in the role of partner. Therefore, as the start-up expands, we need a reliable partner.
Checklist/Requirements
- Digital Signature Certificate
- PAN Card of the applicant
- Aadhaar Card of the applicant
- Photo of the applicant
- Email Id of the applicant
- Phone number
Process of Adding a Partner in LLP
- Apply for DIN Number: Following the DSC, the Director Identification Number will be entered into the form DIR – 3 together with the applicant’s address proof and identification evidence.
- Call Partners Meeting:Â Once the designated partner has been assigned a DIN, all of the LLP’s current partners will convene a meeting and adopt a resolution to add a designated partner to the partnership deed.
- Drafting the Partnership Deed:Â A supplementary partnership deed will be drafted to include the new partner’s name.
- Consent of new partner will be taken in Writing:Â The new partner’s permission will then be obtained in writing.
- Filing of Form 4: Within 30 days of the appointment, Form – 4 of LLP will be filed after these documents have been prepared.
- Filing of Form 3: Within 30 days after appointment, FORM – 3 will be filed, together with the supplementary and original partnership deed.
- Updating on the MCA portal: The name of the chosen partner will be added when all of these papers have been filed and will be visible on the Ministry of Corporate Affairs’ website.Â
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