India: Ministry of Corporate Affairs amends Limited Liability Partnership Rules

August 22, 2018

Source: www.mca.gov.in

The Ministry of Corporate Affairs vide notification G.S.R 557 (E) dated June 12, 2018 amended the Limited Liability Partnership Rules, 2009 (hereinafter referred to as the “Parent Rules”) and brought into force the Limited Liability Partnership (Amendment) Rules, 2018 (hereinafter referred to as the “Amendment Rules”)[1] . The Amendment Rules have made changes in the Forms for making application to obtain Designated Partner Identification Number (hereinafter referred to as the “DPIN”) and for intimating change by designated partner to whom DPIN has been allotted.

The Amendment Rules provide in Clause 10(1) that every individual, who intends to be appointed as a designated partner of an existing limited liability partnership, shall make an application electronically in Form DIR-3 under the Companies (Appointment and Qualifications of Directors) Rules, 2014 for obtaining DPIN.

Under the Parent Rules, the application for DPIN was to be made under Form 7 to the Central Government.

The second amendment has been made in Clause 10 (4) of the Parent Rules. Clause 10 (4) of the Parent Rules stated that a provisional DPIN generated online would remain valid for a period of 60 days from the date it was generated [2]. The Parent Rules were amended on July 5, 2011 wherein sub-clause (i) of Clause 10(4) was introduced which stated that every Designated Partner who has been allotted DPIN shall intimate to the Central Government within 30 days of any change in the event of change in particulars as stated in Form 7, i.e., the form in which the application for DPIN was made by the designated partner[3] . Such intimation would be made in Form DIN-4 of Companies (Director Identification Number) Rules, 2006. The Amendment Rules that such application to intimate change should be made in Form DIR-6.

[1]Available at http://www.mca.gov.in/Ministry/pdf/LLPAmndRule1206_13062018.pdf

[2]Available at http://www.mca.gov.in/Ministry/pdf/G.S.R.229(E)_16012015.pdf

[3]Available at http://www.mca.gov.in/Ministry/pdf/G.S.R506(E)_05012015.pdf

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