Designated Partner in LLP

[Deepali Garg]

Hi,

A company has not filed its financials with the ROC for more than 3 years. The director is not marked as disqualified by MCA. DIN is active as on date. 

Can such director be appointed as Designated partner in LLP at the time of incorporation? 

Thanks & regards,

Deepali Garg

Practicing Company Secretary

B.Com, ACS, LL.B.

SCO 174 First Floor, Commercial Belt,

Sector 17, HUDA, Yamuna Nagar

Haryana-135003

M: +91 8527 1246 36

[gkpa...@gmail.com]

MCA   will de activate DIN only if  DIR KYC  is not filed.

For disqualification under Section 167 , action  is needed from company's side.However if he is director in only  one private limited company,  he continues to be   director.

Since  section also mentions that he cannotbe a director  in any other company/or incorporate   company/llp, it is better not to appoint. him. CS certifying  incorporation documents may also come in trouble

[Manjunath shetty]

Hi All,

If that Particular company is inactive then they can go for strike off. if such particular company is active and not filled Financial statements for 3 years then he will be disqualified. for sure.

Regards 

B Manjunath Shetty.

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[Shrikar Harihar Bhat]

There is a notification from the MCA which says that if a person is disqualified to be appointed as director then he is also disqualified to act as designated partner
See section 164 (2) applicability on LLPs

https://www.mca.gov.in/bin/dms/getdocument?mds=s3NAd1DMJP%252Bb4D3KxSkX1Q%253D%253D&type=open