Designated Partner disqualification

[pallavi g]

Hello,

Query: if an LLP which had not filed form 8 and form 11 for 3 years continuously, now files the said form along with the penalty, can the designated partner continue in this position or will they be disqualified due to the non-filing for continuous 3 years.

Regards

Pallavi

[Arun Kumar Maitra]

DP doesn't become disqualified for non filing of form 8 & 11.Section 164(2) of the Companies Act,2013 is not applicable to LL.P.

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[pallavi g]

What about this MCA notification?

https://ibclaw.in/mca-notification-no-g-s-r-110e-dated-11-02-2022/

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[CA Rajesh Sewlani]

dear sir

pls refer MCA Notification dated February 11, 2022 (copy attached)

Section 164(2) of the Companies Act is extended to LLP also

On Wed, May 6, 2026 at 7:10 PM Arun Kumar Maitra <akmai...@gmail.com> wrote:

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Regards,

CA Rajesh Sewlani

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[Arun Kumar Maitra]

If it's a Small LL.P. penalty cap Rs.250/-per year instead of Rs.36,500/- per year.

DP dis-qualification does not apply to LL.P.

CA CS Arun Kumar Maitra 

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[Arun Kumar Maitra]

Rahul is incorrect.Amended Act has not extended it to LL.P.Language of the section says "director of a company."LL.P. doesn't fall within the definition of a "company".Sec 7 of the LL.P Act doesn't specify Disqualification of DP for non filing of returns.Hence,DP in Pallavi's case can continue after paying penalty.

CA CS