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Form-9: Consent to Act as Designated Partner
FORM-9
Consent to Act as Designated Partner
To,
LLP Name: ________________
I, ________________, Son/Daughter/Wife of ________________, hereby give my consent to act as Designated Partner of the above-named Limited Liability Partnership.
DPIN: ________________
PAN: ________________
Email: ________________
Mobile: ________________
I hereby declare that I satisfy all conditions and requirements for being eligible to act as a designated partner.
Signature
Form-9: Consent to Act as Designated Partner
LLP Statutory Documentation for Indian Limited Liability Partnerships
Introduction
Form-9 (Consent to Act as Designated Partner) is a statutory document required under the Limited Liability Partnership Act, 2008 and the LLP Rules. When a Limited Liability Partnership is being incorporated or when a new designated partner is being appointed, each person proposed to be appointed as a designated partner must submit their written consent in this prescribed format. The form serves as a formal declaration that the individual agrees to act as a designated partner and confirms their eligibility under the Act.
This document captures essential particulars of the proposed designated partner including their Designated Partner Identification Number (DPIN), full name, father's name, residential address, contact details, date of birth, PAN, occupation, and nationality. The form also requires disclosure of directorships or key managerial positions held in other companies and professional membership details if applicable. Form-9 must be submitted along with LLP Registration documents to the Registrar of Companies.
Benefits of Using a Standard Format
Utilising a professionally drafted Form-9 format ensures that all mandatory particulars required under the LLP Rules are properly captured. A ready-to-use template saves valuable time during LLP incorporation or designated partner appointment, reduces the risk of procedural errors, and provides a consistent framework for documenting the consent.
Standardised formats facilitate smoother ROC filings and help avoid rejection due to incomplete information.
Relevance to LLP Registration
Form-9 is a mandatory document during LLP Registration. Every designated partner must submit this consent before the LLP can be incorporated. A designated partner holds significant responsibilities including compliance with the LLP Act, filing of annual returns, and maintenance of statutory records.
Post-incorporation, the LLP may need to obtain GST Registration and other business registrations where designated partner details may be required. Ensuring accurate information in Form-9 helps maintain consistency across all statutory filings.
Form-9: Consent to Act as Designated Partner – Sample Format
FORM-9
[Pursuant to Rule 7 and Rule 10(8) of the LLP Rules]
Consent to Act as Designated Partner
To,
LLP Name: __________________________________________ (Under Incorporation/Existing)
Registered Office Address: __________________________________________
Dear Sir/Madam,
I, __________________________________________ (Full Name), Son/Daughter/Wife of __________________________________________, hereby give my consent to act as Designated Partner of the above-named Limited Liability Partnership, pursuant to the provisions of Rule 7 and Rule 10(8) of the Limited Liability Partnership Rules, 2009, and certify that I am not disqualified from becoming a Designated Partner under the Limited Liability Partnership Act, 2008.
My particulars are as follows:
| 1 | Designated Partner Identification Number (DPIN) | |
| 2 | Full Name (as per PAN) | |
| 3 | Father's/Husband's Name | |
| 4 | Residential Address | |
| 5 | Email Address | |
| 6 | Mobile Number | |
| 7 | Date of Birth | |
| 8 | Income Tax PAN | |
| 9 | Occupation | |
| 10 | Nationality | |
| 11 | Number of companies in which I am a Managing Director, CEO, Whole Time Director, Secretary, CFO, or Manager | |
| 12 | Membership No. and Certificate of Practice No. (if member of any professional institute). State NIL if none. |
I hereby declare that I satisfy all conditions and requirements for being eligible to act as a designated partner and that I have not been disqualified from acting as a designated partner under the Limited Liability Partnership Act, 2008.
Date: __________________________
Place: __________________________
Signature: __________________________
(Name of Designated Partner)
Frequently Asked Questions
1. How to prepare Form-9 (Consent to Act as Designated Partner)?
To prepare Form-9, the following details are required: DPIN (Designated Partner Identification Number), full name as per PAN, father's/husband's name, complete residential address, email address, mobile number, date of birth, income tax PAN, occupation, nationality, number of directorships/key managerial positions held in other companies, and professional membership details if applicable. The form must be signed by the proposed designated partner.
2. Does the format for Form-9 (Consent to Act as Designated Partner) need to be certified by a professional?
There is no statutory requirement for Form-9 to be certified by an external professional. The form is a self-declaration by the proposed designated partner and must be signed by the individual giving consent. However, during LLP incorporation, a practising professional (CA, CS, or Cost Accountant) may be required to certify the incorporation documents as a whole.
3. Is the signature of all designated partners mandatory on Form-9 (Consent to Act as Designated Partner)?
No, Form-9 is an individual consent document. Each proposed designated partner must submit their own separate Form-9 signed only by themselves. During LLP Registration, separate Form-9 must be obtained from each person who is to be appointed as a designated partner. The forms are then attached collectively with the incorporation documents.
4. Is the Form-9 (Consent to Act as Designated Partner) to be on company letterhead?
No, Form-9 is not required to be on company letterhead. Since the LLP may be under incorporation at the time of submission, letterhead may not exist. The form is a personal consent document from the proposed designated partner and should be submitted on plain paper in the prescribed format. It serves as an individual declaration of consent and eligibility.