Appointment of Partner

APPOINTMENT OF DESIGNATED PARTNER

Every LLP is required to have at least two Designated Partners who shall be individuals and at least one them shall be a resident of India. In case of an LLP, where all the partners are bodies corporate or in which one or more partners are individuals and bodies corporate, at least two individuals who are partners of such LLP or nominees of such bodies corporate shall act as Designated Partners.

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The process of appointment of a Designated Partner in a Limited Liability Partnership (LLP) is governed by the Limited Liability Partnership Act, 2008. The process typically includes the following steps:

1. A resolution for the appointment of the new Partner must be passed by a majority of the existing Partners.

2. A Form 3 (Notice of Appointment of Partner) must be filed with the Registrar of LLP's, along with the necessary fees. The form must include the name and address of the new Partner, and the date on which their appointment becomes effective.

3. The new Partner must execute and file with the Registrar of LLP's a declaration of their willingness to become a Partner and their consent to take on the liabilities of the LLP.

4. The LLP must also file a Form 4 (Return of Appointment of Partner) within 30 days of the appointment.

It's important to note that, the LLP agreement can specify conditions for appointment of Partners, or the removal of Partners, which may be different from the ones mentioned above. Also, the LLP agreement may have a provision for the new partner to make a capital contribution to the LLP.