REMOVE PARTNER IN LLP
@ Rs 1999 All Inclusive No Hidden Charge
Remove a partner in your Limted Liability Partnership. We will complete the process following the MCA & ROC formalities. Remove a partner In LLP Online in just 7 days.
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Basic
- Preparation Of Documents
- Preparation Of New LLP Agreement
- Filing Of Form-3 & Form 4 With ROC
- Filing Of New Agreement with ROC
Removal Of Partner In LLP
The Limited Liability Partnership Registration is also a type of partnership firm with the features of the company. It has partners in it just like a partnership firm has but there is one major difference between a firm and LLP, in a firm the maximum number of partners is restricted to 50 only but in the case of LLP there is no maximum limit. The LLP can remove or add a partner from the LLP during the tenure of its business.
Generally, in a partnership firm if any partner dies or he gives his resignation then the partnership gets dissolved but in LLP the death of the partner or resignation of the partner doesn’t affect the life of the LLP. One of the main features of LLP is perpetual succession which means partner may come and may go but the LLP goes forever as well as it has a separate legal entity this makes the LLP and its partner different from each other means the LLP has its own identity and it has right to hold property, make contracts, taking investment etc. on its name, these things make LLP better than a partnership.
In LLP there is a proper procedure to remove a partner, a partner or designated partner cannot get removed by just giving their resignation letter or by termination letter, an intimation to the ROC is also required, without it the procedure of removal cannot get completed. The removal of the partner also affects the LLP agreement as the agreement will also get altered after the removal of the partner. For removing any partner from the LLP there is a provision mentioned in the LLP Act, 2008 which has to be followed. But before the removal of any partner or designated partner not only the consent of other partners is required but the provision and power for removal of the partner are also expressly mentioned in the agreement.
Documents Required To Remove A Partner In LLP
- Copy of resignation letter of partner
- Copy of resolution passed in the meeting of the LLP in which the consent of the existing partner is mentioned
- Proof of acceptance of resignation letter
- LLP agreement
- Supplementary LLP agreement
- Digital Signature of authorized designated partner
Process To Remove Partner In LLP
Step 1 - Resignation Letter Of Removing Partner
Before the removal of any partner his/her resignation letter is required and it should be in written form. A proper resignation letter shall be submitted to the LLP
Step 2 - Acceptance Of Resignation Letter
The resignation letter of the partner must be accepted by the LLP in its meeting and it should be in form of resolution. The existing partner must give their consent for such resignation and the power for removal of partner given via LLP agreement.
Step 3 - Authorization Of Designated Partner
A designated partner must be authorized to file the required documents and forms to the ROC for intimating such removal.
Step 4 - Alteration Of LLP agreement
After passing the resolution for the removal of partner the LLP agreement should be altered and a supplementary agreement should execute and the details of the removal of the partner shall be mentioned in the agreement. The supplementary LLP agreement shall be executed and notarized on Rs. 100/- stamp paper.
Step 5 - Filing Of Form-3 & Form-4
The details of resignation or removal of a partner shall be filed in form-4 and the altered LLP agreement shall be submitted in form-3. Form-3 and form-4 shall be filed together for the approval of the Registrar.
Step 6 - Approval Of ROC
These forms shall be submitted online to the ROC in whose jurisdiction the registered office of the LLP is situated for approval. If the Registrar is satisfied with the details of the documents provided in the forms, they give their approval and the name of the partner shall be removed from the register of the LLP and MCA database.
Circumstances Where The Partner Gets Removed Automatically
Under the following circumstances the partner will automatically get ceased from the position of partner in LLP:
- Death of the partner
- On Closure of LLP
- If the partner is found and declared to be unsound mind
- If the partner is adjudicated to be or declared as insolvent
- Or any other reason as may be prescribed by the government
Let our experience be your guide
Remove A Partner From LLP Online @ Rs 1999 Only
Frequently Asked Questions
Can a single person start an LLP?
No, to start the LLP minimum of 2 persons are required as a designated partner, no single person can register LLP to start the business.
Who cannot be appointed as a partner in the LLP?
The following person cannot be a partner in the LLP:
- Minor
- Any unsound mind person
- Any person who is adjudicated to be or declared as insolvent
- Any person who sentenced to imprisonment for at least 6 months for any offence involving moral turpitude.
Can a partner get removed without any intimation?
No, an intimation to the registrar is mandatory for the removal of the partner.
What are the forms which are needed to be filed for the removal of the partner?
Form-3 and form-4 are required to file for removal of partner.
Is there any time limit for filing the forms to the ROC for the removal of the partner?
Yes, within 30 days from the date of the event (resignation) all the forms shall be filed to the registrar for approval.
Does LLP get dissolved after the death of any partner?
No, the death of any partner doesn’t affect the life of the LLP. LLP has a feature of perpetual succession under which it is said that partners may come and go but LLP remains forever. The LLP cannot get dissolved until an application for wind up is filed to the registrar.
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