Should Designated Partners and partners be different individuals in LLP? or Designated partners can be partners?
Priyanka Mahajan (CA Practice ) (404 Points)
21 January 2013Should Designated Partners and partners be different individuals in LLP? or Designated partners can be partners?
CS Advocate Abhishek Goyal
(M Com FCS LLB M-AIMA )
(13706 Points)
Replied 21 January 2013
Designated partners are partners nevertheless in the first place just as managing director in case of a company is a director in the first place.
The requirement of designated partners in LLP is separate then ordinary partners. In fact Designated partners are so called because they are responsible for all statutory comppliances when it comes to LLP formation and consequent periodical e-filing with the ROC.
Priyanka Mahajan
(CA Practice )
(404 Points)
Replied 21 January 2013
I need to file Form LLP 2, bt i have only 2 partners who will work as designated partners. Now tell me, i will have to appoint 2 more persons as partners?
CS Advocate Abhishek Goyal
(M Com FCS LLB M-AIMA )
(13706 Points)
Replied 21 January 2013
You can go ahead with designated partners only as there appointment is mandatory whereas there is no such provision for ordinary partners so no need to further find ordinary partners.
Priyanka Mahajan
(CA Practice )
(404 Points)
Replied 21 January 2013
in form 2, should i fill no. of partners 0? or should give the names of DPs as Partners?
CS Advocate Abhishek Goyal
(M Com FCS LLB M-AIMA )
(13706 Points)
Replied 22 January 2013
In col no 8 of form 2, total number of DPs and other partners are required to be given separately, so put 2 against number of DPs and 0 against number of other partners. Fill the form accordingly