{"id":129,"date":"2022-03-07T08:35:00","date_gmt":"2022-03-07T08:35:00","guid":{"rendered":"https:\/\/akhilamitassociates.com\/blog\/?p=129"},"modified":"2023-11-17T08:37:09","modified_gmt":"2023-11-17T08:37:09","slug":"limited-liability-partnership-second-amendment-rules-2022","status":"publish","type":"post","link":"https:\/\/akhilamitassociates.com\/blog\/limited-liability-partnership-second-amendment-rules-2022\/","title":{"rendered":"Limited Liability Partnership (Second Amendment) Rules, 2022"},"content":{"rendered":"\n<h2 class=\"wp-block-heading\">Limited Liability Partnership (Second Amendment) Rules, 2022 \u2013 MCA Notifies<\/h2>\n\n\n\n<p>The Ministry of Corporate Affairs (MCA) vide its Notification dated 04th March 2022 has notified Limited Liability Partnership (Second Amendment) Rules, 2022 to amend the existing Limited Liability Partnership Rules, 2009, which shall come into force on the date of its publication in the Official Gazette.<\/p>\n\n\n\n<p>Read Notification From Below \u2013<br><\/p>\n\n\n\n<p>G.S.R. . (E).\u2013In exercise of the powers conferred by sub-sections (1) and (2) of section 79 of the Limited Liability Partnership Act, 2008 (6 of 2009), the Central Government hereby makes the following rules further to amend the Limited Liability Partnership Rules, 2009, namely:\u2013<\/p>\n\n\n\n<p>1. Short title and commencement. \u2013<\/p>\n\n\n\n<p>(1) These rules may be called the Limited Liability&nbsp;Partnership (Second Amendment) Rules, 2022. Limited.<\/p>\n\n\n\n<p>(2) They shall come into force from the date of its publication in the Official Gazette. 2. In the Limited Liability Partnership Rules, 2009 (hereinafter referred to as the said rules), in rule 11,-<\/p>\n\n\n\n<p>(a) in sub-rule (1), in the second proviso, for the word \u201ctwo\u2019, the word \u201c<strong>five<\/strong>\u201d shall be substituted;<\/p>\n\n\n\n<p>(b) in sub-rule (3), after the word and figures \u201cForm 16.\u201d, the following words shall be inserted, namely:-&nbsp;<strong>\u201cand shall mention Permanent Account Number and Tax Deduction Account Number issued by the Income Tax Department\u2019.<\/strong><\/p>\n\n\n\n<p>In rule 19 of the said rules, for sub-rule (4), the following sub-rule shall be substituted, namely:-<\/p>\n\n\n\n<p>\u201d (4) The person making the application shall attach a copy of the incorporation certificate of the limited liability partnership or the company or the registration certification of the entity, as the case may be.\u201d.<\/p>\n\n\n\n<p>4. In rule 24 of the said rules, for sub-rule (6) of, the following sub-rule shall be substituted, namely:-<\/p>\n\n\n\n<p>\u201c(6) 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 limited liability partnership by interim resolution professional or resolution professional, or liquidator or limited liability partnership administrator. \u201c.<\/p>\n\n\n\n<p>5. In rule 25 of the said rules, for sub-rule (2) of, the following proviso, shall be inserted, namely:-<\/p>\n\n\n\n<p>\u2018 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 up to five crore rupees during the corresponding financial year or contribution up to 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 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?<\/p>\n\n\n\n<p>6. In rule 34 of the said rules,-<\/p>\n\n\n\n<ul>\n<li>(a) in sub-rule (3), in clause (ii), in sub-clause (c), for the word and figures \u2018Form 29\u2019, the word and figures \u201cForm 28\u201d shall be substituted;<\/li>\n\n\n\n<li>(b) in sub-rule (8), for the word and figures \u201cForm 29\u201d, the word and figures \u201cForm 28\u2032 shall be substituted;<\/li>\n<\/ul>\n\n\n\n<p>7. In rule 36 of the said rules, in sub-rule (6), after the word, brackets, and figure \u201csub-rule (7)\u201d, the words and figures In Form 32\u2032. shall be inserted; 8. In rule 37 of the said rules, in sub-rule (1A), in clause (II), for the words and figures \u201cenclose along with Form 24\u2032, the words and figures \u201cfurnish in Form 24\u201d shall be substituted.<\/p>\n\n\n\n<p>8. In rule 37 of the said rules, in sub-rule (1A), in clause (II), for the words and figures \u201cenclose along with Form 24\u2032, the words and figures \u201cfurnish in Form 24\u201d shall be substituted.<\/p>\n\n\n\n<p><a href=\"https:\/\/web.archive.org\/web\/20230131004232\/https:\/\/www.mca.gov.in\/bin\/dms\/getdocument?mds=iorXjBHYBr94XltGw2NNBA%253D%253D&amp;type=open\" target=\"_blank\" rel=\"noreferrer noopener\">Download Complete Notification<\/a><\/p>\n\n\n\n<h2 class=\"wp-block-heading\">Effect of the notification in simple language-<\/h2>\n\n\n\n<p>Limited Liability Partnership (Second Amendment) Rules, 202<\/p>\n\n\n\n<p>&nbsp;1. There can be 5 Designated partners (without having DIN) at the time of Incorporation. (Earlier 2 was allowed)<\/p>\n\n\n\n<p>&nbsp;2. LLP Formation Process became web-based, just like the SPICE Forms for company formation.<\/p>\n\n\n\n<p>&nbsp;3. Director\u2019s Details can be fetched from Digi Locker Database.<\/p>\n\n\n\n<p>&nbsp;4. PAN TAN of LLP will be available along with LLP Incorporation similar to the company.<\/p>\n\n\n\n<p>&nbsp;5. All Forms of LLP have now become web-based.<\/p>\n\n\n\n<p>&nbsp;6. Each and every change in LLP Deed will have to be marked in Form 3 with precise information.<\/p>\n\n\n\n<p>&nbsp;7. Web-Based Form 9 Consent of Partners is implemented. Resultantly, all Designated Partners Digital Signatures will be required.<\/p>\n\n\n\n<p>\u00a08. Place of maintenance of accounts other than Registered Office \u2013 Form 12 is notified.<br><\/p>\n\n\n\n<p>Address:<\/p>\n\n\n\n<p><strong>Akhil Amit And Associates \u2013 Income Tax, GST, Audit, FEMA, Company Law, Finance &amp; RERA Consultancy<\/strong><\/p>\n\n\n\n<p>A8, First Floor, Om Sai Market, Above Cotton King, Near Sane Chowk, Krishna Nagar, Chikhali Akurdi Road, Chinchwad,<br>Pimpri Chinchwad<br>Pune, Maharashtra 411019<\/p>\n\n\n\n<p>Phone:&nbsp;<\/p>\n\n\n\n<p>+91 098231 20925<\/p>\n\n\n\n<p>Fax:&nbsp;<\/p>\n\n\n\n<p>+91 089189 00780<\/p>\n\n\n\n<p>Email:&nbsp;<\/p>\n\n\n\n<p><a href=\"https:\/\/web.archive.org\/web\/20230131004232\/mailto:office@akhilamitassociates.com\">office@akhilamitassociates.com<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Limited Liability Partnership (Second Amendment) Rules, 2022 \u2013 MCA Notifies The Ministry of Corporate Affairs (MCA) vide its Notification dated 04th March 2022 has notified Limited Liability Partnership (Second Amendment) Rules, 2022 to amend the existing Limited Liability Partnership Rules, 2009, which shall come into force on the date of its publication in the Official [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[19],"tags":[],"_links":{"self":[{"href":"https:\/\/akhilamitassociates.com\/blog\/wp-json\/wp\/v2\/posts\/129"}],"collection":[{"href":"https:\/\/akhilamitassociates.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/akhilamitassociates.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/akhilamitassociates.com\/blog\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/akhilamitassociates.com\/blog\/wp-json\/wp\/v2\/comments?post=129"}],"version-history":[{"count":1,"href":"https:\/\/akhilamitassociates.com\/blog\/wp-json\/wp\/v2\/posts\/129\/revisions"}],"predecessor-version":[{"id":130,"href":"https:\/\/akhilamitassociates.com\/blog\/wp-json\/wp\/v2\/posts\/129\/revisions\/130"}],"wp:attachment":[{"href":"https:\/\/akhilamitassociates.com\/blog\/wp-json\/wp\/v2\/media?parent=129"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/akhilamitassociates.com\/blog\/wp-json\/wp\/v2\/categories?post=129"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/akhilamitassociates.com\/blog\/wp-json\/wp\/v2\/tags?post=129"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}