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Difference Between Partner and Designated Partner In LLP

The distinctions between a general partner and a designated partner are very minor , but while registering in an LLP it is crucial, read more

What is a Limited Liability Partnership in India?

A limited liability partnership (LLP) is a business with a minimum of two members. An LLP has no upper restriction on the number of members it can have. Unlike Private limited companies and Limited companies that are governed by the Companies Act, the Limited Liability Partnership Act of 2008 governs LLPs. These businesses form a common LLP agreement and execute it. 

According to the LLP Act 2008, the following are the key characteristics of an LLP:

  1. The LLP is a separate legal entity and body corporate from its partners, with perpetual succession. An LLP can be founded by any two or more people who are named in the formation paperwork and have them adequately submitted to the Registrar
  2. There should be at least two approved partners, at least one of whom must be an Indian resident. The LLP’s agents can be any of the other partners. The partners’ responsibilities must be in accordance with the law
  3. The provisions of the LLP agreement, which is formed on similar terms with all of the partners during its formation, govern an LLP. It’s also worth noting that these are governed by the Limited Liability Partnership Act of 2008. In the absence of such an agreement, the mutual rights and obligations must be governed by the act
  4. Because an LLP is a separate legal entity, all of the partners are responsible for the LLP’s intangible and tangible assets, as well as each partner’s agreed contribution to the company
  5. The accounting system and trading disclosures used by LLPs are comparable to those used by other types of businesses
  6. LLPs are exempt from the provisions of the Indian Partnership Act, 1932.

We’ve covered everything there is to know about LLP partners and designated partners in this post.

The members of an LLP have limited liability. In an LLP, each partner is not responsible or liable for another partner’s misconduct or negligence.

Significant Differences Between a Partner and a Designated Partner in an LLP

  • In the event of non-compliance of an LLP with the terms of the LLP Act, a partner is neither responsible nor liable for the payment of fines. The Designated partners in llp on the other hand, have extended accountability for the LLP’s penalties in the event of non-compliance with regard to filing paperwork, returns, and account statements. 
Explanation – 

  • A designated partner of a Limited Liability Partnership (LLP) is responsible for an LLP’s compliance obligations, which include filing any document, return, or statement with any authority as and when necessary and needed
  • If the designated partner of the LLP fails to comply with the stated requirements, i.e. if the provisions are violated, the designated partner of the LLP may be personally and severally liable for the punishments and penalties imposed by the LLP Act (or any other applicable Act).
  • The LLP authority does not need a partner to obtain an identifying number. The designated partners, on the other hand, must obtain a DPIN (Designated Partner Identification Number) from them.
  • An LLP firm can have any person or corporation as a partner. However, only a person can be designated as a designated partner.
  • While partners operate as the partnership firm’s agent, designated partners act as the partnership firm’s agent while serving as a Director
  • The term ‘partner’ is frequently used in the context of both general partnerships and limited liability partnerships. The terminology ‘designated partner,’ on the other hand, is only used in the context of LLPs.
  • After the formation of an LLP, designated partners are more responsible for regulatory and legal compliances in addition to the day-to-day activities and operations of the LLP, and their obligation and liability increase proportionately.
  • Anyone who forms a partnership with other people is referred to as a ‘partner.’ Designated Partner, on the other hand, refers to any partner identified as such in the Limited Liability Partnership’s incorporation document at the time of registration.

Get Assistance from Vakilsearch – LLP Incorporation/ Designated Partner Appointment 

Both regular partners and Designated Partners are appointed in the same way. Following the method outlined in the LLP Agreement and the LLP Act, the appointment can be made. Changes to the LLP Agreement and filing of e-forms with the MCA are part of the procedure for appointing Partners and Designated Partners. These crucial LLP incorporation and composition modifications are best carried out with the help of corporate law experts who are dedicated to your cause. Get in touch with our experts at vakilsearch today to get started on appointing partners and designated partners for your LLP!

 

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