Designated Partner in LLP

All about Designated Partner and Partner

Online Legal India LogoBy Online Legal India Published On 15 Jul 2022 Updated On 17 Jan 2023 Category Limited Liability Partnership

Limited Liability Partnerships (LLPs) are an alternative corporate structuring option that combines the adaptability of a partnership business with the benefits of limited liability of a corporation at lower compliance expenses. As a hybrid form of a corporation, LLPs offer the limited liability of a corporation while also giving their members the freedom to organise their internal administration however they see fit, just like in the case of a partnership firm.

Meaning of a designated partner

The Limited Liability Partnership Act (LLP) of 2008 established the idea of designated partners. Directors of a Pvt. Ltd Company are comparable to Designated Partners. When compared to a director of a company, a designated partner in an LLP has additional rights and benefits. The rights, obligations, & details of a Designated Partner are thoroughly examined.

Can a designated partner acquire DIN?

To become a Designated Partner in an LLP or a Director in a company, you must have a Director Identification Number (DIN) or Designated Partner Identification Number (DPIN). A DIN Number is required for each partner. The Ministry of Corporate Affairs (MCA) issued this number.

Differences Between Designated Partners and Partners

The main differences between  designated partners and partners  are listed below:

Partners

Designated Partners

Members of an LLP

Any individual who joins a limited liability partnership in line with the terms of the limited liability partnership (LLP) agreement is referred to as a partner in a limited liability partnership.

 

The following prerequisites must be met by a partner.

  • He has to be mentally sound.
  • He can't still be considered insolvent.

Directors of a Pvt. Ltd Company is comparable to Designated Partners. When compared to a director of a company, this Partner in an LLP has additional rights and benefits.

For all LLPs, the appointment of at least 2 "Designated Partners" is required.

Conditions that must be met by a designated partner

There must be two partners, and they must both be people.

There must be an Indian citizen among them.

The Limited liability partnership is not bound by partners' actions: The Limited liability partnership is not bound by any partner's actions toward another individual. If the partner lacked the necessary power to carry out the action on behalf of the Limited liability partnership and the person either is aware that the partner lacked the necessary authority or is unaware of or does not believe the partner to be a partner of the LLP.

The designated partner would be capable of performing any actions, issues, and things that the LLP is needed to do in order to comply with the relevant legislation, and he or she would also be responsible for any fines levied against the LLP in the event that those requirements were broken.

If a partner passes away and the business is continued under the same Limited liability partnership, the continued use of that name or the deceased partner's name as a part of it will not by itself subject his or her estate to liability for any actions taken by the Limited liability partnership after the partner's passing.

The Limited Liability Partnership Act stipulates a 30-day window for replacing a designated partner's vacancy. Each partner of the LLP will be regarded to be a designated partner if no designated partner is selected, or if there is ever only one designated partner.

 

The Limited liability Partnership and each of its partners will be subject to fines if the authorised partners are not appointed.

Money, material or intangible assets, or any other perks like promissory notes or contracts for rendered or to be rendered services are all acceptable forms of donation. A partner must comply with the terms of the LLP agreement when it comes to contributing money or other assets to the LLP.

The "Designated Partners" will be answerable for legal and regulatory compliance in addition to their obligation as partners.

Conclusion

Any individual who contributes cash to a partnership firm and agrees to split profits and losses, risks, and rewards is referred to as a "partner" in common parlance. On the other hand, a designated partner is, as the name implies, the person who the other partners nominate to be in charge of adhering to the LLP Act's requirements.

Online legal India provides you with all the details and services regarding company registration in India. Our expert CAs/CS are there to help you out with any kind of dilemma.

 


Share With :

Leave A Comment


Comments

Anjali Malhotra

Commenter

Anjali Malhotra

Commenter

Ask Our Expert!

Recent Post
Register a Brand Name

How to Register a Brand Name

17 Apr, 2024

FSSAI Certificate Download

How Can You Download FSSAI Certificate?

15 Apr, 2024

Copyright a Business Name

Copyright a Business Name Know the Procedure

13 Apr, 2024

Top Law Firms in India

Top 10 Law Firms in India

11 Apr, 2024

Banner Image

Top 7 Advantages of Trademark Registration

03 Apr, 2024

Trending Post
Banner Image

Consumer Complaint against Tamil Nadu Electricity Board TNEB

30 Nov, 2020

Legal Action

How to Take Legal Action against Mental Harassment in India?

07 Nov, 2020

Banner Image

UPPCL Uttar Pradesh Power Corporation Ltd. Complaint Filing

19 Nov, 2020

Banner Image

How to File a Complaint Online in Consumer Court in India

27 Nov, 2020

Consumer Complaint against Service Centre

Online Complaint Filing against Hero Motocorp

04 Dec, 2020

Categories