On March 04, 2022, the Ministry of Corporate Affairs (MCA) has notified Limited Liability Partnership (Second Amendment) Rules, 2022 to amend Limited Liability Partnership Rules, 2009, which shall come into force on the date of its publication in the Official Gazette.
Key Amendments:
- Rules 11 (1) Proviso has been modified to increase the number of individuals from 2 to 5 for filing the application for allotment of DPIN in Form FiLLiP.
Provided further that the application for allotment of DPIN shall not be made by more than five individuals in Form FiLLiP.
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Rule 11 (3) has been modified to include Permanent Account Number and Tax Deduction Account Number issued by the Income Tax Department in the Certificate of Incorporation of limited liability partnership.
- Rule 19(4) has been modified to take down the requirement of attaching the authority under which such person is making an application.
- Rule 24(6) has been modified in order to include cases where CIRP has been initiated against an LLP, in such cases the Statement of Account and Solvency may be signed by interim resolution professional or resolution professional, or liquidator or limited liability partnership administrator.
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Rule 25(2) has been modified to insert a Proviso:Provided that where the Corporate Insolvency Resolution Process has been initiated against the limited liability partnership under the Insolvency and Bankruptcy Code, 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.
