John Miller (Business Strategist) 05 March 2020
abhi jani 05 March 2020
LLP Registration process is not put on suspended but due to temporary suspension of DIN application, the partners not having DIN are unable to register an LLP. The process of LLP registration is as followed:
It is the primary requirement that minimum two designated partners shall be appointed while registration of LLP. The appointment of designated partners must hold DIN (deemed DPIN). But the barrier arises at the DIN stage itself. Hence, the registration process cannot be commenced. And thus practically, the LLP registration is suspended till there is any further announcement with regards to DIN application.
If the partners already hold DIN, they can register an LLP without any hassle by following the subsequent steps.
Raj Kumar Makkad (Adv P & H High Court Chandigarh) 05 March 2020
LLP is not suspended rather DIN of the partners can be got suspended on the application of the partners/LLP.
After long period of suspension and uncertainty, Ministry of Corporate Affairs announces, the application for DIN allotment will be restored for proposed Designated Partners. By enforcing Limited Liability Partnership (Amendment) Rules, 2018, Rule 10 of Limited Liability Partnership Rules, 2009 is amended to effect the restoration of the said application.
The amendment prescribes that “Every individual, who intends to be appointed as a Designated Partner of an existing Limited Liability Partnership, shall make an application electronically in Form DIR – 3 under the Companies (Appointment and Qualification of Directors) Rules, 2014 for obtaining DPIN under the Limited Liability Partnership Act, 2008 and such DIN shall be sufficient for being appointed as Designated Partner under Limited Liability Act, 2008.”
An explanation to this amendment follows as below:
However, the prescribed restoration limits only to allotment application by the individual who has agreed to be appointed as Designated Partner in already incorporated LLP.
The Amendment Rules further says that if the individual holding DIN or DPIN needs to change the particulars, he or she can make the application through e-Form DIR – 6.
Mentioned e-form DIR – 3 and DIR – 6 will be revised on June 15, 2018, to deploy the changes required to implement the amendment.
juststart (Legal Services) 23 August 2023
The LLP registration process is not suspended outright, but due to a temporary halt in DIN applications, individuals without a DIN are unable to proceed with LLP registration online. The process for LLP registration unfolds as follows:
A key prerequisite during LLP registration is the appointment of a minimum of two designated partners, each holding a DIN (or deemed DPIN). However, the issue arises at the DIN application stage itself, thus impeding the commencement of the registration process. As a result, LLP registration is practically put on hold until any further announcement concerning DIN applications is made. On the other hand, if the partners already possess DIN, they can seamlessly proceed with LLP registration by following the subsequent steps.