LLP- Partner cum Designated Partner resign as Designated Partner

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CS Priti Joshi

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Jun 13, 2023, 2:18:36 AM6/13/23
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Dear Professionals,

In case of an LLP, where a Partner is also a Designated Partner, he wants to resign from position of Designated Partner, while continuing as a Partner with same existing contribution.

Kindly share your advice how to proceed in this, mere Form 4 to be filed for Change in Designation under Designated Partner (but this is by mistakenly considered as designation changed to Designated Partner) or both Form 3 and 4, with showing Cessation of Designated Partner. If we put cessation under Form 3, then his name will be removed completely.

How to proceed further.

Thanks and regards
PCS Priti Joshi
9860212022

sagar nagarkar

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Jun 13, 2023, 3:45:05 AM6/13/23
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Hello ma'am,

As per my experience, there will be amendments in the LLP agreement so the Form 3 LLP has to be filed in this regard. Also, for any changes in particulars of DP/Partners, the same has to be reported in the Form 4 LLP.

Hence, you need to file both the forms, Form 3 & 4 LLP, as if there is Resignation of a DP and appointment of a Partner.

Apart from this Form 13 LLP for resignation as DP and Form 9 for consent to act as individual partner has to be prepared.

Thanks and regards, 

CS Sagar V Nagarkar
9970955081/9763551199

CS Priti Joshi

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Jun 13, 2023, 4:20:53 AM6/13/23
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Thanks a lot Sagar.



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