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Removing a designated partner refers to officially withdrawing the role and responsibility of a partner in an LLP who no longer wishes or is eligible to serve. This may happen due to resignation, death, disqualification, or mutual agreement.
As per the LLP Act, 2008, it is mandatory to file Form 4 and Form 3 with the ROC for removing a designated partner, along with an updated LLP agreement and supporting documents. The process ensures that the person is not held legally liable for the LLP’s compliance or operations after their exit.
When a designated partner resigns, retires, or is no longer part of your LLP for any reason, it's important to officially update the records with the Registrar of Companies (ROC). Failing to do so can cause legal issues, penalties, and confusion in future filings or decisions. That’s why removing a designated partner is a necessary legal procedure, not just a formality.
With CallMyCA, removing a designated partner becomes smooth, professional, and error-free. Our experts ensure all forms are filed correctly, resignation documents are prepared, and the updated LLP agreement is submitted – all within a few working days.
The outgoing partner is no longer liable for any decisions or filings post-resignation.
Avoid conflicts by making the exit official and transparent.
We ensure complete filing as per ROC rules, avoiding penalties.
Your business records are accurately updated.
We complete the process in just a few working days.
End-to-end service by experienced experts.
We handle document prep, form filing, and MCA tracking.
Transparent pricing with clear timelines.
If MCA raises queries, we’ll handle resubmission professionally.
Yes, a designated partner can resign by giving a written resignation to the LLP. Once accepted by the other partners, it must be officially filed with the ROC within 30 days using Form 4. Without this filing, the partner may still be held liable for the LLP’s compliance or debts.
If the LLP doesn’t file Form 4 and update the MCA portal, the person will still be considered a designated partner legally. This may cause problems in future filings or financial liabilities, and the LLP may also face penalties under the LLP Act.
Yes, once a partner is removed, the LLP agreement must be amended to reflect this change. The amended agreement must be filed in Form 3 with the ROC. This ensures that MCA records are in sync with your actual business arrangement.
Typically, the process takes around 3 to 7 working days, depending on how quickly documents are submitted and the response from MCA. CallMyCA ensures timely and efficient processing.
No, unless specifically allowed under the LLP agreement, a partner cannot be removed without their written resignation or mutual agreement. In cases of death or legal disqualification, consent is not required, but proof must be attached.
Yes, the remaining partners must pass a resolution accepting the resignation or removal of the partner. This resolution becomes part of the official filing documents.
In case of a partner’s death, legal heirs may submit a declaration, and the LLP must file Form 4 along with a death certificate. CallMyCA handles this with sensitivity and care.
Yes, a foreign designated partner can also be removed following the same procedure. However, documents must be properly notarized and apostilled as per MCA rules.
Penalties can go up to Rs. 10,000 with Rs. 100 per day of delay. It also exposes the partner and LLP to risks in case of legal disputes or financial defaults.
Definitely. If MCA raises any objections or asks for clarification, our expert team will re-draft, correct, and resubmit the documents without charging anything extra in most standard cases.
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