Two individuals as nominee of same body corporate.

[Chethan Bhat]

Dear all,

I am in the process of incorporating a LLP with body corporates as LLP designated partners.
I understand that in case a LLP has a body corporate as DPs, then they can appoint a nominee. Want to know if a Body corporate DP can appoint more than 1 nominee?

Further, if we can have more than one nominee how do we intimate RoC on that? Can we file Form 4 to inimate the appointment?


Sent from my Nokia phone

[Sakshi Vaid]

yes,

the body corporate can authorise them severally

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Kind Regards

CS Sakshi Vaid

Company Secretary

 

[Shilpi Shivangi]

Hi,

I believe that only one nominee  can be appointed by a body corporate which is a designated partner.


Though there is absence of any express provision in the LLP Act which prohibits appointment of more than one nominee, I have drawn this conclusion via the attachment provided in Form 4 for the consent of designated partners which states that:

"I, ________ hereby give my consent to act as ....nominee .... nominee & designated partner on behalf of the ___________(name of body corporate) which has passed the resolution dated...........".

Therefore, a body corporate acts through its individual nominee who also acts as a DP (as DIN/ DPIN can only be provided to an individual). thus, in the given scenario it would be weird that a Body corporate which is a DP has two nominee which act on its behalf as a DP.

Regards,
Shilpi Shivangi

[Chethan Bhat]

Thank you for the reply. could you please give rule/section reference where this is said that the body corporate can authorise two individualls severally.

MCA helpline officials are of the opinion that this is not possible. But i feel it should be possible. Further, the act uses the word 'nominee' and not nominees. This is creating the confusion.

Can anyone help please? thanks and regards
Chethan

Sent from my Nokia phone

-----Original Message-----
From: Sakshi Vaid
Sent: 11/06/2012 5:35:26 pm
Subject: Re: [CSMysore] Two individuals as nominee of same body corporate.

yes,
the body corporate can authorise them severally

On Mon, Jun 11, 2012 at 3:03 PM, Chethan Bhat <squa...@gmail.com> wrote:

> Dear all,
>
> I am in the process of incorporating a LLP with body corporates as LLP
> designated partners.
> I understand that in case a LLP has a body corporate as DPs, then they
> can appoint a nominee. Want to know if a Body corporate DP can appoint more
> than 1 nominee?
>
> Further, if we can have more than one nominee how do we intimate RoC on
> that? Can we file Form 4 to inimate the appointment?
>
>
> Sent from my Nokia phone
>
> --
> ************************************************
> Mail your comments, feedback and suggestions on CSMysore to Moderator:
> datta...@gmail.com and Manager: vivekhe...@gmail.com
>
> Find eNewsletters of ICSI Mysore at:
> www.icsi.edu/NewsEvents/enewsletters/tabid/1757/Default.aspx
>



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*Kind Regards*
*CS Sakshi Vaid*
*Company Secretary*
**

[Chethan Bhat]

May i suggest, such a consent can be given by more by/to more than one individuals? Pardon me if my understanding is incorrect.

Sent from my Nokia phone
-----Original Message-----
From: Shilpi Shivangi
Sent: 11/06/2012 6:18:11 pm
Subject: Re: [CSMysore] Two individuals as nominee of same body corporate.

Hi,

I believe that only one nominee can be appointed by a body corporate which
is a designated partner.


Though there is absence of any express provision in the LLP Act which
prohibits appointment of more than one nominee, I have drawn this
conclusion via the attachment provided in Form 4 for the consent of
designated partners which states that:

*"I, ________ hereby give my consent to act as ....nominee .... nominee &

designated partner on behalf of the ___________(name of body corporate)
which has passed the resolution dated...........".

*

Therefore, a body corporate acts through its individual nominee who also
acts as a DP (as DIN/ DPIN can only be provided to an individual). thus, in
the given scenario it would be weird that a Body corporate which is a DP
has two nominee which act on its behalf as a DP.

Regards,
Shilpi Shivangi




On Mon, Jun 11, 2012 at 5:35 PM, Sakshi Vaid <sakshi...@gmail.com>wrote:

[Shilpi Shivangi]

Dear Mr. Bhat,

Sorry for late reply!

The nominee of the body corporate which is a designated partner (DP) acts in the capacity of a DP on behalf of such a body corporate..

The LLP Act, 2008 ("Act") has laid down certain provisions that needs to be complied by DP or, we can say, entrusted DPs with certain responsibilities.

Though it is not specifically mentioned in the Act that more than one nominee cannot be appointed, on reading the statue as a whole the conclusion may be drawn that only one nominee can be appointed.

The appointment of DP is not a procedural formality but a statutory requirement. therefore the normal practice of appointing more than one person cannot be adopted in the present case.

Therefore, a body corporate can appoint only one nominee.

Hope this addresses your concerns.

Regards,
Shilpi Shivangi

[Chethan Chandra Bhat]

Thank you. Clarified.  Thanks.