Incorporation of llp by a disqualified director

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This query is : Resolved

Aditi Bhardwaj (Querist)

06 November 2018 Can a director who has been disqualified by RoC u/s 164(2) be appointed as a designated partner in an LLP? Will he/she face any issues while using the DIN in the LLP forms?

CA Suresh Jain

CA Suresh Jain (Expert)

07 November 2018 In my opinion, yes he will face the issues

Bhaskaran Chackrapani Warrier

Bhaskaran Chackrapani Warrier (Expert)

07 November 2018 Disqualification is with respect to Companies Act,2013 only, therefore, he/she can
be a designated partner in an LLP.

Aditi Bhardwaj

Aditi Bhardwaj (Querist)

07 November 2018 Dear Sir, I agree with you. The disqualification is only with respect to the companies act and has no bearing with the LLP act. However, this is not sorted in the FilliP forms for incorporation of LLP. When we enter the DIN of the disqualified director, we are not able to proceed. Any way out on this?

Bhaskaran Chackrapani Warrier

Bhaskaran Chackrapani Warrier (Expert)

08 November 2018 Please check the DIN status / DIR-3 KYC form filed.

Aditi Bhardwaj

Aditi Bhardwaj (Querist)

08 November 2018 DIN Status is disqualified under 164(2), hence the problem while filing the FilliP. The Form is not accepting the DIN.

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