A Limited Liability Partnership (LLP) is a popular form of business structure that combines the benefits of a partnership and limited liability. In an LLP, the designated partner holds a significant role in managing and administering the affairs of the partnership. This blog aims to explore whether it is mandatory to appoint a designated partner in an LLP and shed light on their responsibilities.
Understanding LLP and Designated Partner :
A Limited Liability Partnership is a legal entity that offers the flexibility of a partnership while providing limited liability protection to its partners. The partners in an LLP are not individually responsible for the debts and obligations of the company.Instead, their liability is limited to their agreed-upon capital contribution.
A designated partner is an individual appointed by the LLP to fulfill specific statutory obligations. Unlike other partners, a designated partner has additional responsibilities and duties imposed by the Limited Liability Partnership Act, 2008. The Act requires every LLP to have at least two designated partners, out of which one must be a resident of India.
Mandatory Appointment of Designated Partner:
According to the Limited Liability Partnership Act, 2008, it is mandatory for every LLP to appoint at least two designated partners. These designated partners are responsible for compliance-related matters and represent the LLP before authorities. At least one designated partner must be a resident of India, meaning they have stayed in India for a minimum period prescribed under the Income Tax Act.
The designated partner is required to obtain a Designated Partner Identification Number (DPIN) or a Director Identification Number (DIN) before their appointment. The DPIN/DIN acts as a unique identifier for the designated partner, allowing them to fulfill their responsibilities.
Responsibilities of Designated Partner :
The designated partner holds significant responsibilities in an LLP, including:
Statutory Compliance: Designated partners are responsible for ensuring compliance with statutory obligations, such as filing annual returns, maintaining books of accounts, and submitting required documents to regulatory authorities.
Representation: Designated partners act as the official representatives of the LLP and have the authority to bind the LLP in legal and business matters.
Management: Designated partners participate in the management and decision-making processes of the LLP, ensuring smooth operation and growth of the business.
Legal Liability: Designated partners can be held personally liable for non-compliance and wrongful acts committed by the LLP. Therefore, they must exercise due diligence and adhere to the legal requirements.
Appointing designated partners in an LLP is mandatory as per the Limited Liability Partnership Act, 2008. These individuals play a crucial role in ensuring compliance, managing the LLP’s affairs, and representing it before authorities. Adhering to the requirements regarding designated partners is essential for maintaining legal compliance and reaping the benefits of the LLP structure.