Dear Members,
In case of death of one out of two designated partner in LLP, and it want to go for strike off :
whether it can go directly ?
or
first, it has to appoint another DP in place of deceased partner & than go for strike off ?
Please guide.
partner
designated
death
strike
Dear All,
A,B ,C, D pvt ltd and E pvt ltd are the shareholders of a pvt company and now such pvt co want to convert itself into llp .Now my question is whether D and E can appoint either A,B or C as nominee if A,B and C are the directors of D and E.
Can the individuals who will act as DP also act as nominee for body corporate
Or do D and E need to appoint another individuals as Directors in order to designate nominee
Kindly guide or has someone encountered such issue please let me know
partners
company
into
private
case
designated
appointment
conversion
Respected members
Please solve my below mentioned query:
1. In a LLP, there are 2 designated partners...1 DP ceased due to death on 23/09/2020 and new DP appointed on 20/10/2020
Now, i cannot file same form for both incidents and if I first file Form 3 and 4 for death of DP and wait for ROC approval, then I will loose my 30 days time for new DP also.
Kindly suggest what should I do in this case?
parter
designated
appointment
death
Respected members
Please solve my below mentioned query:
1. In a LLP, there are 2 designated partners...1 DP ceased due to death on 23/09/2020 and new DP appointed on 20/10/2020
Now, i cannot file same form for both incidents and if I first file Form 3 and 4 for death of DP and wait for ROC approval, then I will loose my 30 days time for new DP also.
Kindly suggest what should I do in this case?
--
parter
designated
appointment
death
Dear Members,
This query is regarding resignation of a partner from LLP. When a partner resigns from a LLP, we have to fill Form 13 and attach the same with Form LLP 4.
Now, Section 24 mandates that the person may cease to be a partner of a limited liability partnership in accordance with an agreement with the other partners or, in the absence of agreement with the other partners as to cessation of being a partner, by giving a notice in writing of not less than thirty days to the other partners of his intention to resign as partner.
Whereas, as per the LLP agreement of our client, the resigning partner has to give 15 days prior notice for his resignation.
Now, my query is, on which date will form 13 to be filed with LLP - 30 days before the resignation or 15 days before the resignation?
partner
designated
resignation
Dear All,
While we are uploading the form LLP 3 and 4 on MCA portel, we are getting the these error
"Please attach DSC for designated partner".
Everything is ok, DSC of DP is attached but even though these error showing.
Can any one provide me the solution for such Error ?
attach
designated
partner
please
llp3
form
uploadtion
error
solution
Dear Members
Kindly prescribes the steps for conversion of status as a partner into Designated Partner under LLP.
partner
designated
Dear Members
Kindly prescribes the steps for conversion of status as a partner into Designated Partner under LLP...
partner
designated
Dear Members,
While applying for incorporation of a LLP, where a foreign resident is an applicant, proof of residence should not be older than one year as against 2 months for Indian resident. Is my understanding correct?
Others views are solicited.
partner
designated
foreign
proof
residence
Can a person be a partner and designated partner both?
partner
designated
Respected members
In a proposed LLP, we note the Designated Partner has his signature in Gujarati. The LLP agreement is in English.
Is it fine for a Designated Partner to sign the agreement and consent forms in Gujarati or the ROC requires any vernacular declaration from the Designated Partner confirming that that the content of the LLP Agreement and other forms were read out and explained to him in Gujarati and he confirms to have understood the same. Jurisdictional ROC is ROC Mumbai.
In our office, generally the LLP agreement is not notarized and we as Practising Professionals sign the Agreement as 2 witnesses quoting our membership number.
Kindly guide.
language
vernacular
partner
designated
signature
Can anyone please provide me draft documents required for execution of event in case of death of designated partner & Partner in an LLP under llp act, 2008 . we want to execute the death case of partner and appointment of new designated partner in his place and intimate and get it done with ROC , MCA and Other Goverment Authorities .
can you please send me step wise process along with draft documentations .
when to surrender his DPIN etc
accounting treatments and other things i am aware of need legal aspects to be done with ROC AND MCA . part - VIII OF LLP RULES , CESSATION OF PARTNERSHIP INTEREST WILL COME INTO PLAY STILL NEED STAGES AND DETAILED PROCESS AND DRAFT DOCUMENTATIONS .
PLEASE HELP ME IN THIS REGARD ITS VERY URGENT .
24. CESSATION OF PARTNERSHIP INTEREST.—(1) A person may cease to be a partner of a limited liability partnership in accordance with an agreement with the other partners or, in the absence of agreement with the other partners as to cessation of being a partner, by giving a notice in writing of not less than thirty days to the other partners of his intention to resign as partner. (2) A person shall cease to be a partner of a limited liability partnership— (a) on his death or dissolution of the limited liability partnership; or (b) if he is declared to be of unsound mind by a competent court; or (c) if he has applied to be adjudged as an insolvent or declared as an insolvent. (3) Where a person has ceased to be a partner of a limited liability partnership (hereinafter referred to as "former partner"), the former partner is to be regarded (in relation to any person dealing with the limited liability partnership) as still being a partner of the limited liability partnership unless— (a) the person has notice that the former partner has ceased to be a partner of the limited liability partnership; or (b) notice that the former partner has ceased to be a partner of the limited liability partnership has been delivered to the Registrar. 12 (4) The cessation of a partner from the limited liability partnership does not by itself discharge the partner from any obligation to the limited liability partnership or to the other partners or to any other person which he incurred while being a partner. (5) Where a partner of a limited liability partnership ceases to be a partner, unless otherwise provided in the limited liability partnership agreement, the former partner or a person entitled to his share in consequence of the death or insolvency of the former partner, shall be entitled to receive from the limited liability partnership— (a) an amount equal to the capital contribution of the former partner actually made to the limited liability partnership; and (b) his right to share in the accumulated profits of the limited liability partnership, after the deduction of accumulated losses of the limited liability partnership, determined as at the date the former partner ceased to be a partner. (6) A former partner or a person entitled to his share in consequence of the death or insolvency of the former partner shall not have any right to interfere in the management of the limited liability partnership.
