Limited Liability Partnership Rules, 2009 (Amendment) Rules, 2011
Ministry of Corporate Affairs vide its Notification dated 05.07.2011 has come out with the Limited Liability Partnership Rules, 2009 (Amendment) Rules, 2011. The notification stands effective with effect from July 9, 2011
A brief of the substituted provisions for Rule 2, sub rule (1), para (iv) and Rule 10 has been specified below
(i)Designated Partner Identification Number" (DPIN) means an identification number which the Central Government may allot to any individual, intending to be appointed as designated partner of a limited liability partnership (LLP)and shall also include Directors Identification Number issued under Section 266A, 266B and 266E of the Companies Act, 1956 and rules made thereunder.
(ii)Individual intending to be appointed as designated partner of LLP would be required to make an application under Form DIN 1 in order to obtain DPIN
(iii)In case, person is holding DIN and DPIN both, DPIN shall stand cancelled and DIN would suffice the purpose of being appointed as Designated Partner
(iv)Consent to become Designated partner shall be made in Form 9 and an intimation to be made about such DPIN to registrar in Form 4
(v)Every Designated Partner shall intimate any change in the particulars of DIN 1 in form DIN 4 within 30 days of such changes
(vi)Form 7 (Application for allotment of DPIN) and Form 10 (Intimation of changes in particulars by Designated Partners) shall stand deleted.
In light of above, while efforts have been made to synchronize the DPIN with DIN and it has been clarified that with respect to person holding both DPIN and DIN, the DIN shall become effective and future applications for obtaining DPIN needs to be filed in DIN Form, however, ambiguities still remain on the fact whether the person holding just DPIN would be required file fresh application for allotment of DIN. It seems that such with reference to such person, once they apply for DIN, their DPIN would automatically stand cancelled.
In tune to effect the above said amendment, the Ministry of Corporate Affairs vide its Notification dated 05.07.2011 has accordingly amended the Companies (Director Identification Number) Rules, 2006, which stands effective with effect from July 9, 2011.
A brief of the substituted provisions for Rule 2, sub rule (ii) has been specified below
(i)"Director Identification Number" (DIN) means an identification number which the Central Government may allot to any individual, intending to be appointed as Director or to any existing directors of a company and shall also include Designated Partnership Identification Number (DPIN) issued under Section 7 of the Limited Liability Partnership Act, 2008 and rules made thereunder.
Revised versions of Form DIN 1 and DIN 4 shall substitute the old forms.