MCA
Quick answer: Adding or removing a partner from an LLP requires specific filings with the ROC. It also requires an update to the LLP Agreement. These steps are set by the LLP Act, 2008. Adding a new partner needs existing partners' consent. It also needs execution of a revised LLP Agreement. It also needs ROC filing. Removing…
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We verify that the incoming partner is not disqualified under Section 8 of the LLP Act 2008 and that the existing partners meet the minimum requirements of Section 6.
We draft the supplementary LLP Agreement with the new profit-sharing ratio, capital contribution, and rights of the incoming or outgoing partner.
We prepare Form 4 for notice of partner change, Form 3 for modification of the LLP Agreement, and arrange digital signatures of all designated partners.
We file Form 4 and Form 3 on the MCA portal within 30 days of the change, pay the prescribed MCA filing fees, and track SRN status.
Once MCA approves the filing, we share the SRN receipt, updated LLP Agreement stamped and bound, and updated LLP master data from MCA.
Why file this
7 documents needed for add or remove llp partner.
Why file add or remove llp partner with FinTax24 instead of doing it yourself.
| Aspect | DIY / Portal | Local Tax Consultant | FinTax24 |
|---|---|---|---|
| Filing time | 7–14 days (typical) | Varies by availability and workload | 5-7 business days |
| Expert review | None | Depends on the consultant | Expert verified on every filing |
| Document check | You self-verify; rejected on portal | Manual review may vary | Pre-verified by our team before submission |
| Support | Email / chatbot | Appointment-based or office hours | WhatsApp + phone, Mon–Sat 10 AM–7 PM IST |
| Pricing | Government fees only | Consultant fee + government fees | Transparent: From ₹2,499 + govt fees |
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Form 4 is filed with the Registrar within 30 days of admission or cessation of a partner under Section 7 of the LLP Act 2008. Form 3 is filed to record any modification of the LLP Agreement including profit-sharing ratio.
Late filing of Form 4 by an LLP attracts a fine of ₹300 per day for the first 90 days and ₹500 per day thereafter, with no upper limit, on the designated partners and the LLP under Section 35 of the LLP Act.
Yes, under the LLP Agreement or as per the terms agreed at admission. The LLP must file Form 4 with the ROC within 30 days of the cessation along with the updated LLP Agreement.
No. Only designated partners are required for compliance. If the new partner is to be a designated partner, the LLP must ensure that at least two designated partners remain under Section 7 of the LLP Act.
An LLP must have a minimum of two partners at all times under Section 6 of the LLP Act 2008. Falling below two requires appointing a new partner or conversion to a private limited company.
Yes, any modification in the LLP Agreement including profit-sharing ratio, capital contribution, or partner details requires Form 3 filing with the ROC along with Form 4.
Adding or removing a partner from an LLP requires specific filings with the ROC. It also requires an update to the LLP Agreement. These steps are set by the LLP Act, 2008. Adding a new partner needs existing partners' consent. It also needs execution of a revised LLP Agreement. It also needs ROC filing. Removing a partner needs the same consent process. It needs settlement of the departing partner's capital and profit share. It also needs ROC notification. The ROC filings for partner changes are mandatory. An LLP with undisclosed partner changes is in violation of the Act.
To add a new partner to an LLP, the existing partners must first amend the LLP Agreement. The amendment specifies the new profit-sharing ratio. It also specifies the capital contribution and other terms. The authorised signatory then files Form 3 (for LLP Agreement amendments) and Form 4 (for partner changes) with the MCA. This must happen within 30 days of the change. The new partner's DIN and consent must be submitted with the filing. The MCA processes the filing and updates the LLP's master data. The updated LLP Agreement should be circulated to the bank and all major vendors. FinTax24 handles the entire process. We draft the LLP Agreement amendment. We collect new partner KYC. We verify DIN. We draft and file Form 3 and Form 4. We confirm post-filing with the MCA.
Removing a partner requires the consent of the remaining partners as specified in the LLP Agreement. This applies whether the removal is at their request, due to incapacity, or by unanimous resolution. It also requires settlement of the departing partner's capital account and any profit due. It also requires ROC filing. The settlement must be completed before or at the same time as the ROC filing. Form 4 must be filed with the MCA within 30 days of the partner change. Form 3 must be filed if the LLP Agreement is amended to reflect the departure. The departing partner's DIN does not expire. It is marked as "ceased to be a partner" on the MCA records. FinTax24 manages both the commercial settlement and the ROC compliance filings.
An LLP must always maintain at least two designated partners. At least one must be an Indian resident. If a partner removal would reduce the LLP to a single partner, the removal cannot proceed until a new partner is simultaneously admitted. Failing to maintain two partners is a technical default under the LLP Act. It can result in the LLP being wound up by the ROC. FinTax24 reviews the partner composition before any removal. We ensure the two-partner minimum is maintained throughout the transition.
Key sources: FinTax24 Compliance Desk.
Reviewed by FinTax24 Compliance Desk · Review date
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