Template Description
This Form 9 template is designed for use by Limited Liability Partnerships (LLPs) where an individual or corporate entity consents to act as a designated partner. It is a 2-page MS Word document. The form ensures compliance with the legal requirements under the Limited Liability Partnership Act, 2008, for appointing designated partners. This resolution is essential for recording the formal consent of the designated partner, which is required to be filed with the Registrar of Companies (RoC). The form is intended for use by LLPs, legal professionals, and corporate consultants.
Understanding Form 9 - Consent to Act as a Designated Partner
Terminologies:
- Designated Partner: is a partner who is specifically chosen to represent the partnership in legal matters and has the authority to sign legal documents on behalf of the partnership.
- Form 9: The formal document through which a partner provides written consent to act as a designated partner.
Procedure for Form 9 Submission:
- Filling Out Personal Details: The designated partner must provide their personal details, including their Designated Partner Identification Number (DPIN), name, father's name, residential address, and email ID. If applicable, the partner should also provide details of the company, LLP, or body corporate on whose behalf they are acting as a nominee.
- Consent to Act: By signing the form, the designated partner agrees to act in the capacity outlined in the LLP Act, 2008, and confirms they meet all legal requirements, including eligibility and non-disqualification.
- Submission to the LLP: The completed and signed Form 9 must be submitted to the concerned LLP, which will further file it with the Registrar of Companies (ROC) during the incorporation process or any change in partnership structure.
Key Considerations:
- Ensure all required fields, such as DPIN and PAN, are correctly filled out to avoid delays in processing.
- Designated partners must confirm that they satisfy the conditions outlined in the LLP Act, 2008, before signing the form.
- LLPs should maintain proper records of the consent form as part of their statutory documentation.
Conclusion
Form 9 is an essential legal document for appointing designated partners in an LLP. It formalizes their consent to act in this role, ensuring compliance with the LLP Act, 2008. The completion and submission of Form 9 is critical for LLPs during incorporation or when appointing new designated partners, as it ensures that the partnership complies with legal requirements while safeguarding the interests of all involved stakeholders. This template provides a straightforward, compliant approach for companies, professionals, and legal experts handling LLP partnerships.