Limited Liability Partnership (Second Amendment) Rules, 2022
The Central Government by powers granted by sub-sections (1) and (2) of section 79 of the Limited Liability Partnership Act, 2008 (6 of 2009) introduced Limited Liability Partnership (Second Amendment) Rules, 2022 to amend the Limited Liability Partnership Rules, 2009 on 4th March 2022.
HIGHLIGHTS
·????????The word “two” shall be replaced with the word “five” in the rule 11 sub-rule (1) of the Limited Liability Partnership Rules, 2009. In rule 11 sub-rule (3) of the Limited Liability Partnership Rules, 2009, “and shall mention Permanent Account Number and Tax Deduction Account Number issued by the Income Tax Department” shall be inserted after the word and figures “Form 16.”
·????????In rule 19 of the Limited Liability Partnership Rules, 2009, sub-rule (4) namely- “(4) The person making the application shall attach a copy of the incorporation certificate of the limited liability partnership or the company or the registration certification of the entity, as the case may be.” shall be substituted.
·????????In rule 24 of the Limited Liability Partnership Rules, 2009, sub-rule (6) namely- “(6) Statement of Account and Solvency shall be signed on behalf of the limited liability partnership by its designated partners. Where the corporate insolvency resolution process has been initiated against the limited liability partnership under the Insolvency and Bankruptcy Code, 2016 (31 of 2016) or the Limited Liability Partnership Act, 2008 (06 of 2009) has come under liquidation under the said Code, 2016 or the said Act, 2008, the said Statement of Account and Solvency may be signed on behalf of limited liability partnership by interim resolution professional or resolution professional, or liquidator or limited liability partnership administrator.” shall be substituted.
·????????In rule 25 of the Limited Liability Partnership Rules, 2009, sub-rule (2) namely- “ Provided that where the corporate insolvency resolution process has been initiated against the limited liability partnership under the Insolvency and Bankruptcy Code, 2016 (31 of 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 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.” shall be introduced.
·????????In the rule 34 sub-rule (3), in clause (ii), in sub-clause (c), for the word and figures “Form 29”, the word and figures “Form 28” shall be substituted. In sub-rule (8) of the same rules the word and figures “Form 28” shall be substituted for the word and figures “Form 29”.
·????????In rule 36 of the said rules, in sub-rule (6) the words and figures “in Form 32”. shall be inserted after the word, brackets, and figure “sub-rule (7).
·????????In rule 37 of the said rules, in sub-rule (1A), in clause (II), the words and figures “furnish in Form 24” shall be substituted for r the words and figures “enclosed along with Form 24”.
[i] Accessed at 233974.pdf (egazette.nic.in)