Analysis of the Limited Liability Partnership (Second Amendment) Rules, 2022

The MCA issued the Limited Liability Partnership (Second Amendment) Rules, 2022 as on 04/03/2022 so as to amend the Limited Liability Partnership Rules, 2009. Analysis of the Limited Liability Partnership Rules amended has been provided below for reference purpose-

Serial No.	Amended Rules	Analysis
1	Second proviso to sub rule (1) of Rule 11	Where an individual who is to be appointed as a designated partner doesn’t possess DPIN/DIN then application for allotment of DPIN shall be made in Form FiLLiP (incorporation document). Earlier, maximum 2 individuals could make application for allotment in Form FiLLiP but now post amendment, the same has been increased to 5.
2	Sub rule (3) of Rule 11	Form 16 i.e. Certificate of Incorporation issued by Registrar shall now also contain TAN & PAN issued by the Income Tax Department.
3	Sub rule (4) of Rule 19	As per Rule 19 if an existing LLP/ Body Corporate/Any other entity already has a name resembling the name of an LLP incorporated subsequently, it may apply to Registrar in Form 23 to give direction to LLP incorporated subsequently to change its name. Post amendment the person making the application is no longer required to “attach the authority under which he is making such an application”.
5	Sub rule (6) of Rule 24	Post amendment if CIRP has been initiated against the LLP then the Statement of Account and Solvency can be signed by the IRP/RP/Liquidator/llp administrator.
6	New proviso to sub rule (2) of Rule 25	Post amendment if CIRP has been initiated against the LLP having turnover upto 5Crore or contribution upto 50lakhs then the annual return may be signed by the IRP/RP/Liquidator/llp administrator. In such a case no certification by the designated partner will be required.
7	Sub rule (3) and sub rule (8) of Rule 34	Form 28 shall be replaced by Form 29 as a result of the amendment for the purpose of any alterations in certificate of incorporation/ registration, names or addresses ofpartner or designated partner or principal place of business of a foreign LLP. Form 29 shall be replaced by Form 28 as a result of the amendment for the purpose of giving notice to the Registrar within 30 days of intention to close place of business in cases where foreign LLP ceases to have place of business in India.
8	Sub rule (6) of Rule 36	Post amendment mention has been made of Form 32 which is to be filed by an LLP in order to rectify any defects or incompleteness intimated by the Registrar in an application/ e-form/ document.
9	Clause (II) under sub rule (1A) of Rule 37	Where an LLP hasn’t been carrying on a business or operation for 1 year or more and has made an application (Form 24) with all the directors’ consent to the Registrar for the purpose of striking off the name of the LLP, it should furnish in Form 24 itself the requisite information rather than enclosing documents separately.