BRIEF SUMMARY ON LIMITED LIABILITY PARTNERSHIP (SECOND AMENDMENT) RULES , 2022
The Ministry of Corporate Affairs (MCA) vide its Notification dated 04th March, 2022 has notified Limited Liability Partnership (Second Amendment) Rules, 2022 to further amend the existing Limited Liability Partnership Rules, 2009, which shall come into force on the date of its publication in the Official Gazette.
| Sr No. | Old Provisions | Amendments |
| 1. | Rule 11(1)
Provide that application for allotment of DPIN shall not be made by more than 2 individuals in LLP incorporation form FiLLip |
Provide that application for allotment of DPIN shall not be made by more than 5 individuals in LLP incorporation form FiLLip. |
| 2. | Rule 11 (3)
The Certificate of Incorporation of LLP shall be issued by the Registrar in form 16 . |
The Certificate of Incorporation of limited liability partnership shall be issued by the Registrar in Form 16 and shall mention Permanent Account Number and Tax Deduction Account Number issued by the Income Tax Department. |
| 3 | Rule 19 (4)
The Person making the application shall attach – 1. The authority under which he is making such application . 2. The copy of the incorporation certificate of LLP or company or the registration certificate of he entity , as the case may be. |
The person making the application shall attach a copy of the incorporation certificate of the limited liability partnership or the company or the registration certificate of the entity, as the case may be Vide this amendment, the requirement of attaching the authority under which such person is making an application under Rule 19 is taken down |
| 4 | Rule 24 (6)
A LLP’s Statement of Account and Insolvency shall be signed on behalf of the LLP by its DPs. |
Statement of Account and Solvency shall be signed on behalf of the limited liability partnership by its designated partners. Where the Corporate Insolvency Resolution Process has been initiated against the limited liability partnership under the Insolvency and Bankruptcy Code, 2016 (31 of 2016) or the Limited Liability Partnership Act, 2008 (06 of 2009) has come under liquidation under the said Code, 2016 or the said Act, 2008, the said Statement of Account and Solvency may be signed on behalf of the limited liability partnership by interim resolution professional or resolution professional, or liquidator or limited liability partnership administrator. |
| 5 |
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Rule 25(2) Proviso
Provided that where the Corporate Insolvency Resolution Process has been initiated against the limited liability partnership under the Insolvency and Bankruptcy Code, 2016 (31 of 2016) or the Limited Liability Partnership Act, 2008 (06 of 2009) having turnover upto five crore rupees during the corresponding financial year or contribution upto fifty lakh rupees has come under liquidation under the said Code, 2016 or the said Act, 2008, the said annual return may be signed on behalf of the limited liability partnership by interim resolution professional or resolution professional, or liquidator or limited liability partnership administrator and no certification by a designated partner shall be required. |
| 6 | Rule 34(3) (ii) ( c)
If any alteration is made or occurs in the principal place of business of foreign LLP in India , the foreign LLP shall file Form 29 with Registrar within 30 days on which the alteration made . |
If any alteration is made or occurs in the principal place of business of foreign LLP in India , the foreign LLP shall file Form 28 with Registrar within 30 days on which the alteration made . |
| 7 | Rule 34(8)
If any Foreign LLP ceases to have a place of business in India , it shall give notice to the registrar in form 29 within 3o days of his intention to close the business |
If any Foreign LLP ceases to have a place of business in India , it shall give notice to the registrar in form 28 within 3o days of his intention to close the business |
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