Consent to Become a Partner or Designated Partner in an LLP
Short answer: Under the LLP Act, 2008, every person who is to become a designated partner of an LLP must give written consent before being appointed, and a company or other body corporate that becomes a partner names an individual nominee, who also consents. At incorporation these consents are given in Form 9 and attached to the incorporation form, FiLLiP, together with the subscriber sheet.
Who must give consent
| Person | What they give | When |
|---|---|---|
| Each designated partner | Consent to act as designated partner in Form 9 | Before appointment: with FiLLiP at incorporation, or with Form 4 when appointed later |
| Nominee of a company or LLP that is a partner | Consent to act as nominee, with the body corporate’s resolution naming them | With FiLLiP, or with Form 4 when the body corporate joins later |
| Each subscriber (partner) at incorporation | Signs the subscriber sheet showing their contribution | With FiLLiP |
Formats you can use
- Form 9 format: consent to act as designated partner
- Subscriber sheet format for FiLLiP
- Consent and resignation drafts for a later partner change
Foreign and NRI partners’ documents usually need notarisation or apostille; see the documents checklist. For every section and rule behind these requirements, see the LLP Act and Rules guide.
Frequently asked questions
Is Form 9 consent required for every partner?
Form 9 is the consent of designated partners. Every designated partner gives it; other partners sign the subscriber sheet at incorporation.
Who gives consent when a company is a partner in an LLP?
The company passes a resolution naming an individual nominee, and that nominee gives consent to act for it.
Is consent needed when a designated partner joins after incorporation?
Yes. The new designated partner’s consent is attached to Form 4, which reports the appointment to the Registrar.
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