Intimation and Consent

• A designated partner must submit a written notice of resignation to the LLP
  
• The notice must be served as per the terms mentioned in the LLP Agreement
  
• If no such provision exists, a 30-day written notice is considered valid under the LLP Act
  
• The LLP must acknowledge the resignation and pass a resolution to accept it
  
• The effective date of resignation may be as specified in the notice or mutually agreed
  

Filing by the LLP with the Registrar

• The LLP is required to file Form 4 with the Registrar of Companies (RoC) within 30 days of resignation
  
• The form must contain details such as the name, DPIN, and resignation date of the designated partner
  
• Attachments include the resignation letter and acknowledgment or resolution passed by the LLP
  
• The form must be digitally signed by an existing designated partner and certified by a professional
  
• Upon acceptance, the partner’s name is removed from the MCA records
  

Filing by the Resigning Partner (Optional)

• If the LLP fails to file Form 4, the resigning partner can file it independently
  
• The partner must also attach proof of resignation and delivery of notice
  
• This ensures that the partner is no longer liable for the LLP’s actions post-resignation
  
• Filing by the partner helps avoid unintended legal exposure
  
• MCA accepts the filing as long as proper documentation is submitted

Update to LLP Agreement

• The LLP must amend the LLP Agreement to reflect the change in designated partners
  
• The revised agreement must be filed with Form 3 along with the change details
  
• If the LLP is left with only one designated partner, a new one must be appointed immediately
  
• The updated agreement must mention the effective date of the change and updated roles
  
• Both Form 4 and Form 3 should be filed to complete the legal process
  

Post-Resignation Considerations

• The resigned partner is liable only for acts done during their tenure
  
• They must hand over duties, documents, and responsibilities before leaving
  
• Their Digital Signature Certificate (DSC) should be revoked if not used further
  
• LLPs should notify stakeholders, banks, and authorities about the change
  
• The resignation becomes official only after acceptance and RoC filing