HOW DO I ADD OR REMOVE PARTNER IN LLP

How do I Add a new Partner to an existing LLP

Consent of all existing Partners is usually required. However, if the LLP agreement permits, one Partner can also have the powers to admit new Partners to the LLP without the consent of all the existing Partners in the LLP. The new Partner wishing to join the LLP must give intimation of his/her intent to join the LLP in Form 6.

Procedure to add a designated partner:

1. PAN Card of the applicant
2. Aadhaar Card of the applicant
3. Photo of the applicant
4. Email Id of the applicant
5. Phone number
6. Consent to act as a partner or designated partner.
7. Details of other partnership, directorship, if any.

After Appointment of Designated Partner LLP is required to inform concerned Registrar of Companies i.e. in whose jurisdiction Registered office of LLP is situated, In E-FORM LLP-4 available on www.mca.gov.in, within 30 days of appointment.

Note: Please ensure to file necessary forms within Prescribed time as a late fee is Rs.100/- per day for each day of delay which has no upper limit.

Resignation or Removal of Partner

A Partner in an LLP may cease to be a partner of an LLP in accordance with the LLP agreement between the Partners. If the LLP agreement doesn’t have any restrictions, then a Partner in an LLP can resign from an LLP by providing notice of resignation in writing not less than 30 days to the other Partners in the LLP.

Filing of LLP Form 4

To effect a resignation or removal or cessation of Partner from LLP, LLP Form 4 must be filed within 30 days of removal or resignation or cessation of Partner. Form 4 must be signed by a Designated Partner of the LLP and must be filed along with a Certificate from a Chartered Accountant or Company Secretary or Cost Accountant in practice. The Chartered Accountant or Company Secretary or Cost Accountant must certify that the books and records of the LLP have been found to be true and correct.