I have filed Form 2 with two designated partners. Now I want to add two ordinary partners to the LLP. Can I file Form No. 4 for addition of partners before filing LLP agreement in Form 3, and then after approval of Form 4, file Form 3 with agreement including the new ordinary partners??
5 Replies
Mahesh
(CA Student)
(338 Points)
Replied 10 August 2016
I think you should file form 3 first for approval of original LLP Agreement, after that file form 4 for addition of partner and after approval of Form 4 again file Form 3 for approval of amended LLP agreement.
CS MOHIT SALUJA
(PRACTICING CS Jalandhar 9914558709)
(5155 Points)
Replied 12 August 2016
Agree with Mahesh
Pratik Shah
(Practising Company Secretary)
(4432 Points)
Replied 12 August 2016
As told my Mahesh, Form 3 for Original Agreement has to be filed first. Only after that, you can start procedure for addition of partners. However, in this case, Form 3 and Form 4 will be filed jointly.
monika
(C.A. final)
(42 Points)
Replied 16 August 2016
Thanks.. Will I have to file Form 3 again with modified LLP agreement??
Pratik Shah
(Practising Company Secretary)
(4432 Points)
Replied 16 August 2016
Yes, you need to file Form 3 and Form 4 combined for modification of LLP Agreement. For modification, you can execute Supplemnet Deed / Deed of Accession or whatever named you call it.
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