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    PROVISION UNDER WHICH DESIGNATED PARTNER ARE REQUIRED TO OBTAIN DPIN

    Posted By : ARUN GANDHI / Published on : 17-Jun-2022 04:46 AM / View : 250 / Comment : 2

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    HI MEMBERS

    UNDER WHICH PROVISION DESIGNATED PARTNERS ARE REQUIRED TO OBTAIN DPIN?

    ARE DPIN AND DIN SAME?
    Read more on : required obtain dpin partner designated under which provision

    • Dear Arun,

       

      application for DPIN is made in form DIR-3 under section 7 of LLP act 2008 read with rule 10 of LLP rules, 2009

       

      Thank you

      17-06-2022 / 05:08:33 AM
      Reply
    • Dear Arun 

      Under the provision of sub-section 6 of the section 7 of the LLP Act 2008:

      Every designated partner of a limited liability partnership shall obtain a Designated Partner Identification Number (DPIN) from the Central Government and the provisions of sections 153 to 159 of the Companies Act, 2013 shall apply mutatis mutandis for the said purpose.

      Therefore application for the allotment of DPIN shall be made in Form DIR-3 only.

      Integration of DIN and DPIN:

      General Circular No. 44/2011,  Dated: 08.07.2011

      Sub: Integration of Director’s Identification Number (DIN) issued under Companies Act, 1956 with Designated Partnership Identification Number (DPIN) issued under Limited Liability Partnership (LLP) Act, 2008

      The Ministry of Corporate Affairs has been issuing two separate identification numbers as DIN to an individual for becoming a director of a company under Companies Act, 1956 and DPIN for a designated partner in a Limited Liability Partnership under Limited Liability Partnership (LLP) Act, 2008.

      2. To avoid this duplicity and to give ease to the stakeholders, the Ministry has decided to issue only one identification number to an individual for both the purpose.

      3. Therefore, the Ministry, vide notification dated 5th July, 2011, has integrated the Director’s Identification Number (DIN) issued under Companies Act, 1956 with Designated Partnership Identification Number (DPIN) issued under Limited Liability Partnership (LLP) Act, 2008 with effect from 9.7.2011.

      4. Pursuant to this notification:-

      (a)  With effect from 9.7.2011, no fresh DPIN will be issued. Any person, who desires to become a designated partner in a Limited Liability Partnership, has to obtain DIN by filing e-form DIN-1.

      (b)  If a person has been allotted DIN, the said DIN shall also be used as DPIN for all purposes under Limited Liability Partnership Act, 2008.

      (c) If a person has been allotted DPIN, the said DPIN will also be used as DIN for all the purposes under Companies Act, 1956.

      (d)  If a person has been allotted both DIN and DPIN, his DPIN will stand cancelled and his DIN will be used as DIN as well as DPIN for all purposes under Limited Liability Partnership Act, 2008 and Companies Act, 1956.

      5. As per Circular no. 32/2011 dated 31.05.2011, the Ministry has made Income Tax Permanent Account Number (PAN) mandatory for obtaining DIN for Indian nationals. Further, all existing DIN holders, who have not furnished their PAN at the time of obtaining DIN, are required to furnish their PAN to the Ministry by filing e-form DIN-4 by 30th September, 2011.

      6. Similarly, all DPIN holders, who had not furnished their PAN at the time of obtaining DPIN, are required to furnish their PAN to the Ministry by filing e-form DIN-4 by 30th September, 2011, failing which their DPIN/DIN will be disabled and they will also be liable for heavy penalty.

      Thank you!

      17-06-2022 / 05:44:55 AM
      Reply
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