Since last 5 month, It’s became impossible to incorporate LLP where promoter doesn’t having DIN and become impossible to appoint a person as designated partner in LLP (to a person doesn’t having DIN).

MCA has issued “Companies (Appointment and Qualification of Directors) Rules, 2018” and e-form DIR-3 and DIR-6 will be revised w.e.f. 15th June, 2018.

As per the amendment Rule, DIN can be applied through e-form DIR-3 for appointment of Director or Designated Partner.

Food for Thought:

A. Whether after this amendment, DIR-3 can be file for obtaining of DIN for “Incorporation of New LLP” (if designated partners not having any DIN)?

As per the Rule and heading of form DIR-3 i.e. “Application for allotment of Director Identification Number before appointment in an existing Company or LLP”

Therefore, one can opine that e-form DIR-3 shall be used for application of DIN for appointment of a person (not having DIN) in existing LLP. If any person wants to incorporate new LLP they can’t apply DIN through this Form.

Note:

We can opine that after these amendment Rules:

1. If a person want to get appointment in existing LLP can apply DIN through this form.

2. If any persons wants to incorporate new LLP (doesn’t having DIN) can’t apply DIN through this Form.

3. As like last 5 month person not having DIN can’t incorporate LLP.

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