{"id":801,"date":"2025-01-30T00:00:00","date_gmt":"2025-01-30T00:00:00","guid":{"rendered":"https:\/\/rize.blog.razorpay.in\/designated-partner-llp\/"},"modified":"1970-01-01T00:00:00","modified_gmt":"1970-01-01T00:00:00","slug":"designated-partner-llp","status":"publish","type":"post","link":"https:\/\/razorpay.com\/rize\/blogs\/designated-partner-llp\/","title":{"rendered":"Designated Partner in LLP: Role, Responsibilities, and Legal Requirements"},"content":{"rendered":"<h2 id=\"\">Who Can Be a Designated Partner in LLP?<\/h2>\n<p id=\"\">Only individuals can be <strong id=\"\">Designated Partners<\/strong> in an <a id=\"\" href=\"https:\/\/razorpay.com\/blog\/business-banking\/llp-limited-liability-partnership\/\" target=\"_blank\">LLP<\/a>. As per the Limited Liability Partnership Act, 2008, a minimum of two Designated Partners is mandatory, and at least one must be an Indian resident. This designation is crucial for ensuring legal compliance, managing financial responsibilities, and fulfilling statutory obligations within the LLP.<\/p>\n<h2 id=\"\">Who Can&#8217;t Be a Designated Partner?<\/h2>\n<ul id=\"\">\n<li id=\"\">Undischarged insolvents<\/li>\n<li id=\"\">Individuals declared insolvent or who have withheld creditor payments in the last five years<\/li>\n<li id=\"\">Those imprisoned for six months or more for offences involving moral turpitude<\/li>\n<li id=\"\">Minors below 18 years<\/li>\n<\/ul>\n<p id=\"\">The Central Government holds the authority to annul these disqualifications if deemed necessary.<\/p>\n<h2 id=\"\">Designated Partner Identification Number (DPIN)<\/h2>\n<p id=\"\">Every Designated Partner in an LLP must obtain a Designated Partner Identification Number , also referred to as a Director Identification Number (DIN). This unique number is mandatory for <a id=\"\" href=\"https:\/\/razorpay.com\/rize\/company-registration\/llp\" target=\"_blank\"><strong id=\"\">LLP registration<\/strong><\/a> and compliance. To obtain a DPIN, you need a Class 2 digital signature, which ensures secure authentication.<\/p>\n<p id=\"\">All partners in an LLP are eligible to become Designated Partners, but only those specified in the incorporation document hold this role at the time of registration. The LLP Partnership Deed allows rotation of the Designated Partner role, enabling different partners to take on responsibilities with mutual consent. This flexibility ensures equal participation while maintaining compliance with LLP regulations.<\/p>\n<h2 id=\"\">Documents Required for Becoming a Designated Partner<\/h2>\n<p id=\"\">To become a Designated Partner in an LLP, you need to apply for a Designated Partner Identification Number. For this, you must submit the following documents:<\/p>\n<ul id=\"\">\n<li id=\"\"><strong id=\"\">Identity Proof<\/strong> \u2013 A self-attested or certified copy of a document that includes your photograph, date of birth, and father\u2019s or husband\u2019s name (such as an Aadhaar card, PAN card, or passport).<\/li>\n<li id=\"\"><strong id=\"\">Residential Proof<\/strong> \u2013 A self-attested or certified copy of an address proof like a utility bill, bank statement, or rent agreement.<\/li>\n<li id=\"\"><strong id=\"\">For Nominees of a Body Corporate<\/strong> \u2013 A resolution or authorisation letter from the company mentioning their name and address is needed.<\/li>\n<li id=\"\"><strong id=\"\">For Foreign Nationals<\/strong> \u2013 A valid passport copy is needed.<\/li>\n<\/ul>\n<h3 id=\"\"><strong id=\"\">Authorities for Attestation\/Certification<\/strong><\/h3>\n<p id=\"\">Certain officials and professionals can attest or certify documents needed for a Designated Partner Identification Number . These include:<\/p>\n<ul id=\"\">\n<li id=\"\">Gazetted officers from the Central or State Government<\/li>\n<li id=\"\">Notaries public<\/li>\n<li id=\"\">Practicing professionals like Company Secretaries, Chartered Accountants, or Cost and Works Accountants<\/li>\n<\/ul>\n<p id=\"\">While attesting documents, the authority must include their name in capital letters, registration number, ministry or department details, and an official seal or stamp. This ensures the documents are valid and accepted for DPIN approval.<\/p>\n<h3 id=\"\"><strong id=\"\">Translation Certificate<\/strong><\/h3>\n<p id=\"\">If your documents are in a language other than <strong id=\"\">Hindi or English<\/strong>, you must attach a <strong id=\"\">translated copy<\/strong>. This translation must be <strong id=\"\">certified and attested<\/strong> to meet compliance requirements. It ensures that authorities can verify the details correctly and process the application without delays.<\/p>\n<h2 id=\"\">Appointment of Designated Partner<\/h2>\n<p id=\"\">At least two individuals must be appointed as Designated Partners when registering an LLP. If a Designated Partner leaves the LLP, a new one must be appointed within 30 days. Failing to do so will result in all partners being considered Designated Partners, which may lead to compliance issues. To complete the appointment process, the following forms must be submitted:<\/p>\n<p id=\"\">To appoint a Designated Partner, the following forms must be submitted:<\/p>\n<ul id=\"\">\n<li id=\"\"><strong id=\"\">Form 9<\/strong> \u2013 This form records the consent of an individual to become a <strong id=\"\">Designated Partner<\/strong>.<\/li>\n<li id=\"\"><strong id=\"\">Form 4<\/strong> \u2013 It contains details of individuals who have given their consent to take on the role.<\/li>\n<li id=\"\"><strong id=\"\">Form 10<\/strong> \u2013 This form is used to notify any changes made by the Designated Partners.<\/li>\n<li id=\"\"><strong id=\"\">Form 5<\/strong> \u2013 Every LLP must submit this form to the registrar, providing details of individuals who have consented to become Designated Partners. It must be filed within 30 days of the appointment.<\/li>\n<\/ul>\n<p id=\"\"><strong id=\"\"><em id=\"\">Related Read: <\/em><\/strong><a id=\"\" href=\"https:\/\/razorpay.com\/rize\/blogs\/llp-form-11-annual-return\/\" target=\"_blank\"><strong id=\"\"><em id=\"\">What is LLP Form 11?<\/em><\/strong><\/a><\/p>\n<h3 id=\"\"><strong id=\"\">Government Fee for Appointment of Designated Partner<\/strong><\/h3>\n<p id=\"\">The government charges a fee based on the LLP\u2019s contribution when appointing a Designated Partner. The fee structure is as follows:<\/p>\n<ul id=\"\">\n<li id=\"\">\u20b950 \u2013 If the LLP\u2019s contribution is up to \u20b91,00,000<\/li>\n<li id=\"\">\u20b9100 \u2013 If the contribution exceeds \u20b91,00,000 but is limited to \u20b95,00,000<\/li>\n<li id=\"\">\u20b9150 \u2013 If the contribution exceeds \u20b95,00,000 but is limited to \u20b910,00,000<\/li>\n<li id=\"\">\u20b9200 \u2013 If the contribution exceeds \u20b910,00,000<\/li>\n<\/ul>\n<p id=\"\"><strong id=\"\"><em id=\"\">Related Read: <\/em><\/strong><a id=\"\" href=\"https:\/\/razorpay.com\/rize\/blogs\/llp-registration-fee-in-india\/\" target=\"_blank\"><strong id=\"\"><em id=\"\">Complete LLP Registration Fees Guide<\/em><\/strong><\/a><\/p>\n<h2 id=\"\">Duties and Responsibilities of a Designated Partner<\/h2>\n<ul id=\"\">\n<li id=\"\"><strong id=\"\">Signing the Statement of Account and Solvency:<\/strong> The Designated Partner must sign the Statement of Account and Solvency, confirming the financial position of the LLP. This document is crucial for transparency and is filed annually.<\/li>\n<li id=\"\"><strong id=\"\">Filing Annual Returns on Time:<\/strong> It is the Designated Partner\u2019s responsibility to ensure that the LLP files its annual returns within 60 days of the financial year\u2019s closure. Late filing can result in penalties and legal complications.<\/li>\n<li id=\"\"><strong id=\"\">Filing Additional Documents:<\/strong> The Designated Partner must submit any other documents requested by regulatory authorities to comply with legal requirements.<\/li>\n<li id=\"\"><strong id=\"\">Cooperating with Inspectors:<\/strong> During investigations or inquiries, the Designated Partner is required to cooperate with inspectors, providing necessary documents and signing examination notes to verify accuracy.<\/li>\n<li id=\"\"><strong id=\"\">Reimbursing Investigation Expenses: <\/strong>In the case of investigations, the Designated Partner is responsible for reimbursing the costs incurred, such as those related to audits or compliance checks.<\/li>\n<\/ul>\n<h2 id=\"\">Penalty for Not Having a Designated Partner<\/h2>\n<p id=\"\">Every LLP is required to have at least two Designated Partners at all times. Failing to comply with this requirement incurs a penalty starting at \u20b910,000, which can increase to \u20b95,00,000. <\/p>\n<p id=\"\">If a Designated Partner exits the LLP and is not replaced within 30 days, the LLP will face similar penalties. Non-compliance with this rule can lead to legal and financial consequences, making it essential for LLPs to appoint and maintain the required number of Designated Partners.<\/p>\n<h2 id=\"\">Rights of a Designated Partner<\/h2>\n<h3 id=\"\"><strong id=\"\">Decision-Making Rights<\/strong><\/h3>\n<p id=\"\">A Designated Partner holds significant decision-making authority within an LLP. They are involved in making key business decisions, including formulating policies, setting operational strategies, and managing the financial aspects of the LLP. Their role is vital in ensuring that the LLP functions efficiently and adheres to its business goals. <\/p>\n<h3 id=\"\"><strong id=\"\">Profit-Sharing and Financial Rights<\/strong><\/h3>\n<p id=\"\">A Designated Partner is entitled to a share of the profits generated by the LLP, with the exact share determined by the <a id=\"\" href=\"https:\/\/razorpay.com\/rize\/company-registration\/document-required\/llp-agreement\" target=\"_blank\">LLP agreement<\/a>. This agreement outlines how profits and losses are distributed among the partners, ensuring that the Designated Partner receives a portion based on their involvement and the terms set forth.<\/p>\n<p id=\"\">Additionally, they have financial rights concerning capital contributions and can receive distributions and benefits according to the LLP&#8217;s agreed financial terms.<\/p>\n<h3 id=\"\"><strong id=\"\">Right to Access LLP Records and Documents<\/strong><\/h3>\n<p id=\"\">A Designated Partner has the right to access all official records and documents of the LLP. This includes financial statements, tax filings, agreements, and any legal documents related to the firm\u2019s operations. This right ensures transparency within the LLP, allowing the Designated Partner to make informed decisions and stay updated on the company\u2019s financial and legal status.<\/p>\n<h2 id=\"\">Liabilities of a Designated Partner<\/h2>\n<h3 id=\"\">Liabilities in Case of Non-Compliance<\/h3>\n<p id=\"\">A Designated Partner is responsible for ensuring that the LLP complies with all relevant legal requirements. Failure to comply with regulations such as filing annual returns or paying taxes can result in penalties, fines, and legal action that impacts both the LLP and the individual partner.<\/p>\n<h3 id=\"\"><strong id=\"\">Legal and Financial Liabilities Under the LLP Act<\/strong><\/h3>\n<p id=\"\">Under the <a id=\"\" href=\"https:\/\/mca.gov.in\/content\/mca\/global\/en\/acts-rules\/llp-act-2008.html\" target=\"_blank\" rel=\"noopener\">LLP Act, 2008<\/a>, a Designated Partner may be personally liable if the LLP violates legal obligations. This includes non-payment of statutory dues, failure to meet regulatory requirements, or failure to comply with financial disclosures. In such cases, the Designated Partner is expected to take responsibility for rectifying the situation, with potential legal and financial penalties if the issue remains unresolved.<\/p>\n<h3 id=\"\"><strong id=\"\">Situations Where Personal Liability May Arise<\/strong><\/h3>\n<p id=\"\">Although an LLP offers limited liability protection, there are circumstances where a Designated Partner could be personally liable. If involved in fraudulent activities, misrepresentation, or intentionally ignoring legal obligations, the Designated Partner may face personal liability. This could result in the loss of personal assets or legal actions separate from the LLP\u2019s legal structure.<\/p>\n<h2 id=\"\">Frequently Asked Questions<\/h2>\n","protected":false},"excerpt":{"rendered":"<p>Learn everything about a Designated Partner in LLP, including their role, responsibilities, eligibility, appointment process, and legal obligations under the LLP Act, 2008.<\/p>\n","protected":false},"author":1,"featured_media":802,"comment_status":"closed","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[1],"tags":[],"class_list":["post-801","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-uncategorized"],"acf":[],"_links":{"self":[{"href":"https:\/\/razorpay.com\/rize\/blogs\/wp-json\/wp\/v2\/posts\/801","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/razorpay.com\/rize\/blogs\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/razorpay.com\/rize\/blogs\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/razorpay.com\/rize\/blogs\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/razorpay.com\/rize\/blogs\/wp-json\/wp\/v2\/comments?post=801"}],"version-history":[{"count":1,"href":"https:\/\/razorpay.com\/rize\/blogs\/wp-json\/wp\/v2\/posts\/801\/revisions"}],"predecessor-version":[{"id":1218,"href":"https:\/\/razorpay.com\/rize\/blogs\/wp-json\/wp\/v2\/posts\/801\/revisions\/1218"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/razorpay.com\/rize\/blogs\/wp-json\/wp\/v2\/media\/802"}],"wp:attachment":[{"href":"https:\/\/razorpay.com\/rize\/blogs\/wp-json\/wp\/v2\/media?parent=801"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/razorpay.com\/rize\/blogs\/wp-json\/wp\/v2\/categories?post=801"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/razorpay.com\/rize\/blogs\/wp-json\/wp\/v2\/tags?post=801"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}