Rule 10 - Obtaining Designated Partner Identification Number - Limited Liability Partnership Rules, 2009

CHAPTER III DESIGNATED PARTNER'S IDENTIFICATION NUMBER 3 [ (1) Every individual, who intends to be appointed as a designated partner of an existing limited liability partnership, shall make an application electronically in Form DIR-3 under the Companies (Appointment and Qualifications of Directors) Rules, 2014 for obtaining DPIN under the Limited Liability Partnership Act, 2008 and such DIN shall be sufficient for being appointed as designated partner under the Limited Liability Partnership Act, 2008 . ] (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 . (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. 4 [ (4)((i) Every individual who has been allotted a DPIN or DIN under these rules, shall in the event of any change in his particulars, make an application in Form DIR-6 under Companies (Appointment and Qualifications of Directors) Rules, 2014 to intimate such change(s) to the Central Government within a period of thirty days of such change(s) ] ( ii ) The concerned designated 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. ] **************** Notes: 1. Substituted vide Notification No. G.S.R. 24(E) dated 11-1-2010, w.e.f. 15th day of January, 2010 , before it was read as, 10 (1) Every individual or nominee of a body corporate, who is intending to be appointed as designated partner of a limited liability partnership shall make an application electronically in Form 7 to the Central Government for obtaining Designated Partner Identification Number (DPIN). (2) The Central Government shall provide an electronic system to facilitate submission of application for the allotment of DPIN through a portal on the website of the Ministry of Corporate Affairs. (3) The applicant shall access the Form 7 from the portal, fill-in the required particulars sought therein and use 'submit' function provided therein upon which the system will electronically generate and indicate in the space provided a Provisional DPIN. (4) A provisional DPIN generated online under sub-rule (3) by the applicant will remain valid for a period of sixty days from the date on which it was generated. (5) (i) The applicant shall, after the allotment of provisional DPIN, submit an application to the Central Government along with the fee as mentioned in Annexure 'A' for the allotment of regular DPIN within sixty days from the date on which provisional DPIN was generated on-line, failing which the provisional DPIN will lapse. (ii) For making an application under sub-rule (i), the applicant shall take a print out of Form 7, affix his photograph in the space provided in that Form, enclose true copies of the proof of identity and proof of residence and physically sign the form at the place specified therein. The photograph and the proof of identity and residence shall be certified by any one of the following authorities:- (a) Gazetted Officer of the Central or State Government, (b) Notary Public, (c) Chartered Accountant, Cost Accountant or Company Secretary holding a certificate of practice under the Chartered Accountants Act, 1949, the Cost and Works Accountants Act, 1959 and the Company Secretaries Act, 1980 respectively. (6) The Central Government shall process the applications received for allotment of DPIN under sub-rule (5), decide on such application and communicate approval along with the DPIN allotted or rejection thereof to the applicant by way of a letter by post or electronically or in any other mode, within a period of one month from the receipt of such application: (7) The DPIN so allotted is valid for the life time of such applicant and shall not be allotted to any other person in any case. (8) 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 in Form 4. (9) (a) (i) Every designated partner, who has been allotted a DPIN under these rules shall, in the event of any change in his particulars as stated in Form 7 under sub-rule (5), intimate such change(s) to the Central Government within a period of 30 days of such change(s) in Form 10: (ii) The concerned designated partner shall also intimate such changes to the limited liability partnership or limited liability partnership(s) on which he is a designated partner within 30 days of such changes. (b) The designated partners shall fill-in the relevant change(s) in prescribed Form 10, enclose a copy of the proof of the changed particulars duly certified in the manner specified in clause (ii) of sub-rule (5), affix signature at the place specified, and file the same to the Central Government. There shall be no fee for intimating the changes in particulars in Form 10. (10) The Central Government, after being satisfied, through verification of such changed particulars from the enclosed copy of proof, shall incorporate the said change and inform the designated partner by way of a letter issued by post or electronically or in any other mode confirming the effect of such change in the electronic database maintained by the Ministry of Corporate Affairs. 2. Substituted vide F.NO. 2/1/2011-CL.V - Dated 5-7-2011, w.e.f. 9 July, 2011 before it was as, 1 [ 10(1) Every individual or nominee of a body corporate who is intending to be appointed as designated partner of a limited liability partnership shall submit an application electronically to the Central Government for allotment of Designated Partner Identification Number (DPIN) in the manner as provided in Form 7 along with fee as mentioned in Annexure 'A'. (2) (i) For making an application under sub-rule (1), the applicant shall attach the following :- (a) attested or certified copy of the proof of identity containing self-photograph, date of birth and father's name; (b) attested or certified copy of the proof of residence; (c) attested recent self photograph pasted on a plain paper and mentioning on that paper his or her name and affixing his or her two signatures thereon; (ii) In case the applicant is a foreign national, a copy of the valid passport shall be proof of identity. (iii) In case the applicant is nominee of a body corporate, a copy of resolution or authorization on the letterhead of the body corporate mentioning the name and address of an individual nominated to act as Designated Partner on its behalf shall also be attached: Provided that in case the proof of identity and proof of residence is in a language other than Hindi or English, a certified copy of translation of the same either in Hindi or English shall be attached. (3) The documents referred in sub-rule (2) shall be attested or certified by any one of the following authorities: (a) Gazetted Officer of the Central or State Government, (b) Notary Public, (c) Company Secretary, Chartered Accountant, Cost Works Accountant holding a certificate of Practice under the Company Secretaries Act, 1980, Chartered Accountants Act, 1949, and the Cost Works Accountants Act, 1959 respectively: Provided that in the case of foreign nationals residing outside India or foreign body corporate(s) registered outside India, the documents referred to in sub-rule (2) shall be duly certified and the provisions of sub-rule (2) of rule 34 of these rules , shall apply mutatis mutandis for this purpose. (4) The Central Government shall process the application received for allotment of DPIN under sub-rule (1) and shall decide on the approval or rejection thereof and communicate the same along with the DPIN allotted in the case of approval to the applicant by way of a letter by post or electronically or in any other mode, within a period of thirty days from the receipt of such application. (5) The Designated Partner Identification Number allotted under sub-rule (4) is valid for the lifetime of the applicant. (6) Every Designated Partner shall, along with his consent to be a designated partner, intimate his or her DPIN to the Limited Liability Partnership in Form 9. (7) (i) Every Designated Partner, who has been allotted a DPIN under these rules, in the event of any change in the particulars of such Designated Partner, shall intimate such change(s) to the Central Government within a period of 30 days of such change(s) in Form No.10. (ii) The Designated Partners shall attach certified copies of the proof of the changed particulars from any of the authorities specified in sub-rule (3). (iii) There shall be no fee for intimating the change(s) of particulars in Form 10. (8) The concerned designated partner, shall also intimate change(s) in particulars in Form 6 to the Limited Liability Partnership or Limited Liability Partnership(s) in which he is a designated partner within 15 days of such change(s). ] 3. Substituted vide F. No. 17/61/2016-CL-V dated 12-06-2018 before it was as 2 [ 10(1) Every individual, who is intending to be appointed as designated partner of a 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 . 4. Substituted vide F. No. 17/61/2016-CL-V dated 12-06-2018 before it was as 10(4)( i ) Every designated partner, who has been allotted 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 intimate 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.