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Change in LLP partners or designated partners, Form 4 (and Form 3)

  • When a partner joins, leaves or changes details, the LLP must tell the MCA in Form 4 within 30 days, and file the changed LLP agreement in Form 3.
  • Deadline: Within 30 days of the change (Form 4) and within 30 days of the agreement change (Form 3)
  • Done in 3 working days after signed consent and agreement
  • Prepared by your Savvy, checked by a CA
  1. Incoming partner's consent
  2. Who is joining or leaving
  3. Take Form 9 consent
  4. SRNs and filed Form 4 and Form 3
The law and the stepsPay and start · ₹2,999Event based, + 18% GST

Answer in brief

When a partner joins, leaves or changes details, the LLP must tell the MCA in Form 4 within 30 days, and file the changed LLP agreement in Form 3. We collect consents, draft the supplementary agreement and file both forms.

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From the official sources

What the law says, and what trips people up

From the official portal's manuals and FAQs, with the source for each point.

The law

  • LLP Act 2008, Sec 25(1) and 25(2)

    Partner tells the LLP of a name or address change within 15 days; the LLP files notice with the Registrar within 30 days when someone becomes or ceases to be a partner, or a partner's name or address changesSource

  • LLP Act 2008, Sec 25(3)

    Notice is signed by a designated partner and, for an incoming partner, includes that partner's signed consentSource

  • LLP Act 2008, Sec 25(4) and 25(5) (from 1 April 2022)

    Penalty ₹10,000 on the LLP and each designated partner for not filing; ₹10,000 on a partner who does not inform the LLPSource

  • LLP Act 2008, Sec 7

    At least two designated partners who are individuals, at least one resident in India (120 days in the financial year); prior consent needed; particulars filed within 30 days of appointmentSource

  • LLP Act 2008, Sec 10(2)

    Not filing designated partner particulars under Sec 7(4): penalty ₹5,000 on the LLP and every designated partner, with further daily penalty if it continuesSource

  • LLP Rules 2009, Rule 8

    Particulars of a designated partner who has consented are filed in Form 4Source

  • LLP Rules 2009, Rule 10

    A new designated partner without DIN applies in DIR-3; consent and DIN given to the LLP in Form 9; LLP reports it in Form 4Source

  • LLP Rules 2009, Rule 21

    Any change in the LLP agreement is filed in Form 3 within 30 days of the changeSource

  • Government fee

    Form 4: ₹50 for small LLPs and ₹150 for other LLPs (Annexure A, LLP Rules 2009, from 1 April 2022). Form 3: filing fee as per Annexure A; where contribution rises into a higher slab, the difference in registration fee is also paid through Form 3. Source: https://www.taxmanagementindia.com/visitor/detail_act.asp?ID=13295

  • Late fee or penalty

    Additional fee for delay, as a multiple of the normal fee (LLP (Amendment) Rules 2022, from 1 April 2022): small LLPs up to 15 days 1x, 15 to 30 days 2x, rising to 25x beyond 360 days; other LLPs from 1x and 4x rising to 50x beyond 360 days. Source: https://vasai.icai.org/detail/14248.aspx. Separate penalties under Sec 25(4) and Sec 10(2) (now Sec 11) as above. Source: https://PRSINDIA.org/files/bills_acts/acts_parliament/2021/The Limited Liability Partnership (Amendment) Act, 2021.pdf

On the portal

  1. Login to MCA V3 with business user ID
  2. MCA Services > LLP e-Filing > Form 4
  3. Enter LLPIN and choose the purpose: appointment, cessation, change in designation or particulars
  4. Enter partner details with DIN, effective date and contribution
  5. Attach consent, resignation, resolution and supporting proofs
  6. Submit for SRN, download PDF, affix designated partner DSC and professional certification, upload in My Application, pay fee
  7. Then MCA Services > LLP e-Filing > Form 3 with the supplementary agreement and repeat sign, upload and pay

What trips people up

  • Form 3 and Form 4 show different dates, shares or names

    Prepare both together and cross-check every fieldSource

  • Partner details do not match MCA or PAN records

    Correct DIN or PAN data first, then fileSource

  • DSC expired or not linked to the DIN

    Renew and associate DSC on MCA before signingSource

  • Agreement amended for a partner change but Form 4 not filed

    File Form 4 alongside Form 3Source

  • Resubmission notice missed

    Check My Application remarks and reply within the periodSource

People ask

Do we need both Form 3 and Form 4?

Form 4 reports the person. If the agreement changes too (contribution, shares, rights), Form 3 is also needed.Source

Can one designated partner resign leaving only one?

The LLP must keep at least two designated partners, one resident in India, so appoint a replacement.Source

What if we miss the 30 days?

File with additional fee. The ROC can also levy ₹10,000 penalty on the LLP and each designated partner.Source

Does a new designated partner need a DPIN?

A DIN is enough. Someone without one applies in DIR-3.Source

IDFD

How we solve it: 4 steps

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Step 1 of 4 · What we need from you

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  • Incoming partner's consent (Form 9)
  • DIN of new designated partner
  • PAN and address proof of partner
  • Resignation letter of outgoing partnerOptional
  • Signed supplementary LLP agreement
  • Partners' resolution with effective date
  • Board resolution of body corporate partnerOptional
  • Revised contribution summary

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Event based. Delivered in 3 working days after signed consent and agreement. Due: Within 30 days of the change (Form 4) and within 30 days of the agreement change (Form 3)

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