DIN Designated Partner Existing LLP

DIN Designated Partner Existing LLP Since last 5 month, Its became impossible to incorporate LLP where promoter doesnt having DIN and become

CA Deepak Gupta

Jun 14, 2018

Last update on Jun 14, 2018

DIN Designated Partner Existing LLP Since last 5 month, Its became impossible to incorporate LLP where promoter doesnt having DIN and become impossible to appoint a person as designated partner in LLP (to a person doesnt having DIN). MCA has issued Companies (Appointment and Qualification of Directors) Rules, 2018 and e-form DIR-3 and DIR-6 will be revised w.e.f. 15^th June, 2018. As per the amendment Rule, DIN can be applied through e-form DIR-3 for appointment of Director or Designated Partner. Food for Thought:

Whether after this amendment, DIR-3 can be file for obtaining of DIN for Incorporation of New LLP (if designated partners not having any DIN)

As per the Rule and heading of form DIR-3 i.e. Application for allotment of Director Identification Number before appointment in an existing Company or LLP Therefore, one can opine that e-form DIR-3 shall be used for application of DIN for appointment of a person (not having DIN) in existing LLP. If any person wants to incorporate new LLP they cant apply DIN through this Form. Note: We can opine that after these amendment Rules:

If a person want to get appointment in existing LLP can apply DIN through this form.
If any persons wants to incorporate new LLP (doesnt having DIN) cant apply DIN through this Form.
As like last 5 month person not having DIN cant incorporate LLP.

Author CS Divesh Goyal, GOYAL DIVESH & ASSOCIATES Company Secretary in Practice from Delhi and can be contacted [email protected]). Disclaimer:The entire contents of this document have been prepared on the basis of relevant provisions and as per the information existing at the time of the preparation. Although care has been taken to ensure the accuracy, completeness and reliability of the information provided, I assume no responsibility therefore. Users of this information are expected to refer to the relevant existing provisions of applicable Laws. The user of the information agrees that the information is not a professional advice and is subject to change without notice. I assume no responsibility for the consequences of use of such information. IN NO EVENT SHALL I SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR INCIDENTAL DAMAGE RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE INFORMATION

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