CLR Note: DPIN continues to remain active for the Designated Partners of a LLP only in case where they have the DPIN alloted. DPIN will stand cancelled only in case where they have both DIN and DPIN respectively.
GOI; MCA; Dated 15th July, 2011
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:-
1. Short title and commencement
(1) These rules may be called the Limited Liability Partnership Rules, 2009 (Amendment) Rules, 2011.
(2) They shall come into force with effect from 9th July, 2011.
2. For rule 2, sub- rule (1), para (iv), following shall be substituted:-
” Designated Partnership Identification Number (DPIN) means an identification number which the Central Government may allot to any individual, intending to be appointed as designated partner of a Limited Liability Partnership for the purpose of his identification as such, and includes Directors Identification Number (DIN) issued under sections 266A,266B and 266E of the Companies Act, 1956 and rules made thereunder.”
3. For rule 10, the following shall be substituted:-
“10(1) Every individual, who is intending to be appointed as designated partner of the limited liability partnership, shall make an application electronically in Form DIN-1 under Companies (Director Identification Number) Rules, 2006 to the Central Government for obtaining DPIN under Limited Liability Partnership Act, 2008 and such DIN shall be sufficient for being appointed as designated partner under Limited Liability Partnership Act, 2008.
10(2) If a person holds both DIN and DPIN, his DPIN shall stand cancelled and DIN shall be sufficient for being appointed as Designated Partner under Limited Liability Partnership Act, 2008.”
10(3) Every designated partner, shall intimate his consent to become a designated partner to the limited liability partnership and DPIN, in Form 9 and the LLP shall intimate such DPIN to Registrar on Form 4.
10(4)(i) Every designated partner, who has been alloted DPIN under these rules, shall in the event of any change in particulars of as stated in erstwhile Form 7 or DIN-1, as the case may be, shall initimate such change(s) to the Central Government within 30 days of such change(s) in Form DIN-4 under Companies (Director Identification Number) Rules, 2006.
(ii) The concerned designared partner shall fill-in the relevant changes to the limited liability partnership(s) on which he is a designated partner within 30 days of such changes.
4. The Form 7 and 10 shall stand deleted.
Avinash K. Srivastava