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Limited Liability Partnership (Amendment) Rules, 2023

Limited Liability Partnership (Amendment) Rules, 2023

Limited Liability Partnership (Amendment) Rules, 2023

 

[02nd June 2023]

In exercise of the powers conferred by sub-section (1) and (2) of section 79 of the Limited Liability Partnership Act, 2008 (6 of 2009), the Central Government hereby makes the following rules further to amend the Limited Liability Partnership Rules, 2009, namely: -

Rule - 1. Short title and commencement

(1)     These rules may be called the Limited Liability Partnership (Amendment) Rules, 2023.

(2)     They shall come into force on the date of its publication in the Official Gazette.

Rule - 2.


In the Limited Liability Partnership Rules, 2009, for LLP Form No. 3, the following Form shall be substituted, namely: -

 

LLP Form No. 3

Information with regard to Limited Liability Partnership Agreement and changes, if any, made therein

[Pursuant to rule 21(1) of the Limited Liability Partnership Rules, 2009]

 

Refer instruction kit for filing the form

All fields marked in * are mandatory

(1)     *Form filed for

Filing information with regard to initial LLP Agreement For information with regard to changes in LLP Agreement

(2)     *Limited Liability Partnership identification number (LLPIN)

(a)      *Name of the Limited Liability Partnership(LLP)

(b)      *Address of the registered office of the LLP

(c)      *Jurisdiction of Police Station

(d)      *e-mail ID

Information with regard to initial LLP Agreement

(3)     (a) Place at which the initial Agreement was made

State

District

(b) Date of Agreement (DD/MM/YYYY)

(c) Date of Ratification, in case initial Agreement was made prior to incorporation

(DD/MM/YYYY)

(4)     Business activities to be carried on by LLP on incorporation

(5)     Obligation to contribute

(i)       Total Number of partners as on the date of filing the Form

(ii)      Details of each partner to contribute money or property or other benefit or to perform services and their profit sharing ratio

 

 

S.
N.

 

DPIN/ Income tax PAN/ Passport number of the partner / nomi nee

 

Det ails of DIN/
Inco me tax PAN/ Passp ort nu mber

 

Name of Indi vidual Part ner/ Nomi nee of Body Corpo rate

 

Type of Body Corpo rate

 

LLPIN / CIN/ FCRN/ FLLP IN/
Other Identi fication Num ber

 

Det ails of LLPIN/ CIN/ FCRN/ FLLPIN /
Other
Identi fication Num ber

 

Name of Body Corpo rate

 

Desig nation (Partner /Desig nated Part ner)

 

Form of contri bution

 

Mone tary value of contri bution

 

% of Pro fit sha ring




 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 




 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 




 

 

 

 

 

 

 

(iii) Total Monetary value of partners contribution in the LLP (in figures) (INR)

0

 

 




(6)     Mutual Rights and Duties of Partners

(7)     Restrictions, if any, on the partners authority

(8)     Management and Administration of LLP

(a)      Acts, matters or things, if any, which can be done only with the consent of all the partners/consent of requisite number or percentage of partners

(b)      Procedure for calling, holding and conducting meetings, (where the decisions are to be made at meetings of partners)

(9)     Details of indemnity clause, if any.

(10)   Details of agreement relating to:

(a)      Admission of a new partner

(b)      Retirement of a partner

(c)      essation of a partner

(d)      Expulsion of a partner

(e)      Resignation of a partner

(11)   Clause relating to resolution of disputes

(a)      Between the partners

(b)      Between the partner and the LLP

(12)   Information relating to duration of LLP, if any

(13)   Information relating to voluntary winding up

(14)   Information of clauses in the agreement:

(a)      relating to rule 16 (2)

(b)      relating to rule 17 (1)

(c)      relating to rule 20 (1)

(d)      relating to rule 24(18) (a)

(15)   Any other information or clause relating to the LLP Agreement not covered above (optional)

Information with regard to changes (addition, omission or alteration) in the LLP Agreement

(16)   Date of modification of the agreement (DD/MM/YYYY)

(a)      Number of amendments/changes made in LLP agreement till date

(b)      SRN of Form 4 or Form 5 of last one year from the date of filing this form through which notice of change/amendment in the LLP agreement has been filed with the Registrar

 

 

Sr.
No.

 

SRN




 

 

 

 




 

 

 

 




(17)   Whether change in agreement is on account of

Change in business activities

Change in partner(s)

Change in partners contribution and % of profit sharing

Change due to other reasons

Specify the other change to LLP agreements

Mutual Rights and Duties of Partners

Restrictions, if any, on the partners authority

Acts, matters or things, if any, which can be done only with the consent of all the partners/consent of requisite number or percentage of partners Procedure for calling, holding and conducting meetings, (where the decisions are to be made at meetings of partners)

Details of indemnity clause, if any

Details of agreement relating to - Admission of a new partner

Details of agreement relating to - Retirement of a partner

Details of agreement relating to - Cessation of a partner

Details of agreement relating to - Expulsion of a partner

Details of agreement relating to - Resignation of a partner

Clause relating to resolution of disputes - Between the partners

Clause relating to resolution of disputes - Between the partners and the LLP

Information relating to duration of LLP, if any

Information relating to voluntary winding up

Information of clauses in the agreement relating to rule 16 (2)

Information of clauses in the agreement relating to rule 17 (1)

Information of clauses in the agreement relating to rule 20 (1)

Information of clauses in the agreement relating to rule 24(18) (a)

Any other information or clause relating to the LLP Agreement not covered above (optional)

(18)   Details of change in business activity

(a)      Based on new/ changed business activities, search and select industry sub class (as per NIC codes 2008) Primary

(b)      Description of industrial activities to be carried out by the LLP

Main industrial activity

- NIC Code

- Description of NIC code

Other industrial activity

- NIC Code

- Description of NIC code

(c)      Description of business activities, after change

(d)      Do change in business activities require change in name of the LLP Yes No

(19)   (a) Details of each partners obligation to contribute money or property or other benefit or to perform services and their profit-sharing ratio, after change in LLP agreement and Details of designated partners and partner appointed

 

 

S
. N
o.

 

Wh et her Bo dy C
orpor
-ate Par tn er (Yes
/ No)

 

DPIN /Inc ome- tax PAN/ Pas sport num ber of the part ner/ nomi nee

 

Deta ils of DIN/ Inc ome tax PAN/ Pas sport num ber

 

Na me of Indi vidu al Part ner/ Nom inee of Body Corp
orate

 

Type of Body Corpo rate

 

LLP IN/ CIN/ FCR N/ FLL PIN
/ Other Ident ific ation Num ber

 

Deta ils of LLP IN/ CIN/ FCR N/ FLLP IN
/ Other Iden tific ation Num ber

 

Na me of Bod y Cor po- rate

 

Design ation (Partner /Desig nated Par tne)

 

Form of cont ribu tion (Con ver sion/ Cash/ Ot her than ca sh)

 

Mo net ary val ue of con trib ution

 

%
of Prof
-it shar ing

 

Type of change (Addi tion/ Dele tion/ Cha nge/ No Cha nge)




 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 




 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 




 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 




(b) (i) Total number of existing designated partners and partners prior to change

(ii) Total number of designated partners and partners appointed

(iii) Total number of designated partners and partners removed

(iv) Total number of designated partners and partners after the change

(c) Total monetary value of contribution, after changes (in figures) (INR)

(i)       Existing

(ii)      Addition

(iii)     Reduction

(iv)    Total (i+ii-iii)

(v)      Total (in words)

(20)   Change due to other reasons

(a)      Mutual Rights and Duties of Partners

(b)      Restrictions, if any, on the partners authority

(c)      Acts, matters or things, if any, which can be done only with the consent of all the partners/consent of requisite number or percentage of partners

(d)      Procedure for calling, holding and conducting meetings, (where the decisions are to be made at meetings of partners)

(e)      Details of indemnity clause, if any

(f)       Details of agreement relating to - Admission of a new partner

(g)      Details of agreement relating to - Retirement of a partner

(h)     Details of agreement relating to - Cessation of a partner

(i)       Details of agreement relating to - Expulsion of a partner

(j)       Details of agreement relating to - Resignation of a partner

(k)      Clause relating to resolution of disputes - Between the partners

(l)       Clause relating to resolution of disputes - Between the partner and the LLP

(m)    Information relating to duration of LLP, if any

(n)     Information relating to voluntary winding up

(o)      Information of clauses in the agreement relating to rule 16 (2)

(p)      Information of clauses in the agreement relating to rule 17 (1)

(q)      Information of clauses in the agreement relating to rule 20 (1)

(r)      Information of clauses in the agreement relating to rule 24(18) (a)

(s)      Any other information or clause relating to the LLP Agreement not covered above (optional)

Attachments

(a)      Initial LLP Agreement

(b)      Supplementary/ amended LLP agreement containing changes

(c)      Optional attachment(s) - if any

Statement

*I the designated partner of the LLP do state that

(i)       I am a person named in the Incorporation Document as a designated Partner / I am a designated Partner of the LLP;

(ii)      the particulars given above are in accordance with the initial LLP agreement /subsequent agreement relating to change in the LLP agreement;

(iii)     the original copy of LLP Agreement will be produced whenever called for;

(iv)    in case of change in contribution, the fees payable to Registrar have been/are being paid;

(v)      I make this statement conscientiously believing the same to be true.

(vi)    I am authorized to sign this form.

* To be digitally signed by a designated partner:

*DIN/DPIN of the designated partner

Certificate

*It is hereby certified that I have verified the above particulars from the books and records of * and found them to be true and correct.

*I further certify that all the required attachment(s) have been completely attached in this form.

Chartered Accountant (in whole-time practice) or

Cost Accountant (in whole-time practice) or

Company Secretary (in whole-time practice)

* Whether associate or fellow:

Associate Fellow

* DSC Box

* Membership number or certificate of practice number

For Office use only:

eForm Service request number (SRN)

eForm filing date (DD/MM/YYYY)

Digital signature of the authorizing officer

This e-form is hereby registered

Date of signing (DD/MM/YYYY)