Form 9 Consent To Act As Designated Partner

When establishing or managing a Limited Liability Partnership (LLP) in India, legal compliance is paramount. One of the most critical documents in this process is Form 9, which serves as the formal Consent to act as Designated Partner format. Under the provisions of Section 7(3) of the Limited Liability Partnership Act, 2008, every person appointed as a designated partner must provide their written consent to the LLP in this specific format.  

This document is not merely a formality; it is a legal declaration where the individual certifies their eligibility and confirms they are not disqualified from taking on this fiduciary responsibility. Whether you are incorporating a new entity or adding a partner to an existing one, having a clear, accurate Form 9 Consent to act as Designated Partner format ensures your filings with the Ministry of Corporate Affairs (MCA) remain seamless and compliant with Rules 7 and 10(8).

What is LLP Form 9, and when is it required?

Form 9 is a formal legal declaration used by an individual to provide their written consent to act as a partner or designated partner of a Limited Liability Partnership. It serves as a dual-purpose document, confirming both the individual's willingness to accept the role and their legal eligibility to hold such a position under the LLP Act.  

Key Attributes of Form 9

The document is structured to capture essential legal and identification data, as seen in the uploaded template:

• Consent & Eligibility: A formal statement pursuant to Section 7(3) of the Act certifying that the individual is not disqualified from being a partner.  

• Identity & KYC Fields: Detailed particulars including Full Name, Father’s Name, DPIN/DIN, Address, Email, Mobile Number, PAN, and Nationality.  

• Legal Declaration: A specific "Declaration" section where the individual confirms they have not been convicted of any offence related to LLP management or found guilty of fraud in the last five years.  

• Authentication: Requires the physical signature of the partner along with the Date and Place of signing. For digital filings with the MCA, this information is typically transcribed into the FiLLiP or Form 4 web forms and authenticated via Digital Signature Certificate (DSC).  

When is Form 9 Required?

Providing a Form 9 Consent to act as Designated Partner format is mandatory in the following scenarios:

LLP Incorporation: During the initial formation, Form 9 must be signed by all proposed designated partners and partners and is often attached to the FiLLiP (Form for incorporation of Limited Liability Partnership).  

Appointment of New Partners: Whenever a new individual is inducted into the LLP as a partner or designated partner after incorporation.

Change in Designation: If an existing partner is elevated to the role of a "Designated Partner," a fresh consent form is generally required to update the records.

FORM – 9 Format

Consent to act as a designated partner/partner of an LLP

To,

[Name of the LLP]

LLPIN: [Enter LLPIN or leave blank for New Incorporation]

[Registered Office Address of the LLP]

Sub: – Consent to act as a designated partner/partner.

I, [Name of the designated partner/partner], hereby give my consent to act as designated partner/partner of [Name of the LLP], pursuant to Section 7(3) of the Act and certify that I am not disqualified to become a designated partner/partner under the Act.

DECLARATION

I declare that I have not been convicted of any offence in connection with the promotion, formation or management of LLP and have not been found guilty of any fraud or misfeasance or of any breach of duty to any LLP under this Act or any previous company or LLP law in the last five years.

Designation: …………………………..

Signature: …………………………..

Date: …………………………..

Place: …………………………..

Enclosed:

• Proof of Identity – PAN

• Proof of Address – [Aadhar/Passport/Voter ID]

Mandatory Details Checklist for Form 9

Accuracy in filling out Form 9 is critical because the data provided here must match the records already registered with the Ministry of Corporate Affairs (MCA) and your KYC documents. Any discrepancy can lead to the rejection of the FiLLiP or Form 4 filing.

As seen in the particulars of the uploaded template, ensure you have the following details ready:

1. Partner Identification & Personal Info

• DPIN/DIN: The 8-digit identification number. If you are a new partner without a DIN, this field is left blank during the incorporation process (allotment happens via FiLLiP).

• Full Name: Must be written exactly as it appears on your PAN Card.

• Father’s/Husband’s Name: Ensure the spelling matches your identity proof.

• Date of Birth: Should be in DD/MM/YYYY format.

2. Contact & Residency Details

• Present Residential Address: Provide the complete address, including the PIN code. This must match the Address Proof (e.g., Aadhaar, Bank Statement) attached to the filing.

• Email ID & Mobile Number: Use active contact details as these are used for MCA communications and OTP verifications.

• Nationality: Usually "Indian" or the specific country for foreign nationals.

3. Professional & Body Corporate Details

• Occupation: State your current profession (e.g., Business, Professional, Service).

• Income-tax PAN: Mandatory for Indian nationals.

• Entity Details (S.No 11): If you are representing a company or another LLP as a nominee, you must mention the CIN/LLPIN and the name of that body corporate.

• Professional Membership (S.No 12): If you are a Chartered Accountant, Company Secretary, or Cost Accountant, provide your membership number and COP (Certificate of Practice) number.

4. Supporting Documents (The Enclosures)

As per the bottom of the form, you must have self-attested copies of:

• Proof of Identity: Mandatory PAN Card for Indians; Passport for Foreign Nationals.

• Proof of Address: Aadhaar Card, Voter ID, Driving License, or a recent Bank Statement/Utility Bill (not older than 2 months).

Common mistakes that cause resubmission

When filing Form 9, even minor clerical errors can trigger a "Resubmission" (Re-work) status on the MCA portal, delaying your LLP incorporation by days or weeks. Based on MCA guidelines and common filing pitfalls, here are the most frequent mistakes that lead to resubmission:

1. Mismatched Personal Data

The most common reason for resubmission is a "Data Mismatch." The details entered in the web-based form must match your supporting documents exactly.

• Name Discrepancy: If your PAN card says "Rahul Kumar Gupta" but you enter "Rahul Gupta" in Form 9, the system or the RoC officer will flag it.

• Father’s Name: Often, the father’s name is spelt differently across identity proofs (e.g., "Vikas" vs "Vikash"). Ensure it matches the PAN record.

• Date of Birth: Errors in the DD/MM/YYYY format are frequent. This must align with the PAN database.

2. Digital Signature (DSC) Issues

Since Form 9 is part of the integrated FiLLiP filing, the DSC is the primary way the RoC verifies your identity.

• Unregistered DSC: The DSC of the designated partner must be registered on the MCA V3 portal before the form is uploaded.

• Expired DSC: Using a DSC that has expired or is nearing its expiry date can cause the portal to reject the signature validation.

3. Document Quality and Format

The RoC officers must be able to clearly read every word on your uploaded attachments.

• Blurry Scans: Using mobile camera photos instead of high-resolution PDF scans often leads to "Unreadable Document" resubmission notes.

• Non-Self-Attested Copies: Every attachment (ID and Address proof) must be self-attested (signed by the partner) before scanning.

• File Size/Format: Uploading documents in formats other than PDF or exceeding the prescribed size limits.

4. Outdated Proofs

• Address Proof Age: Utility bills (Electricity, Water, Gas) used as address proof must not be older than 2 months. Using an old bill is a guaranteed reason for resubmission.

• Missing NOC: If the registered office is on rented premises, a No Objection Certificate (NOC) from the actual owner is mandatory. Resubmissions occur when the NOC is missing or the owner's name on the utility bill doesn't match the NOC.

5. Incorrect Professional Certification

• Professional’s Details: If the Chartered Accountant (CA), Company Secretary (CS), or Cost Accountant (CMA) certifying the form has a mismatch in their membership number or if their DSC is not associated correctly, the entire form may be sent back.

Tip: Always use the "Pre-scrutiny" button on the MCA portal before final submission. This tool catches many technical errors and mismatches before the form even reaches the RoC officer. Common mistakes that cause resubmission.

How Form 9 is used in LLP Filings (MCA Workflow)

In the Ministry of Corporate Affairs (MCA) ecosystem, Form 9 is not a standalone electronic form that you "upload" directly. Instead, it serves as a mandatory physical attachment that validates the digital entries made in the web-based filing system.

The workflow differs slightly depending on whether you are starting a new LLP or changing partners in an existing one:

1. During Incorporation (The FiLLiP Process)

When registering a new LLP, Form 9 is used within the FiLLiP (Form for incorporation of Limited Liability Partnership) workflow:

• Step A: Partners draft the Form 9 using the format provided above.

• Step B: Each proposed Designated Partner physically signs the form.

• Step C: The signed form is scanned into a PDF.

• Step D: While filling out the web-based FiLLiP form on the MCA V3 portal, this PDF is uploaded under the "Attachments" section.

• Outcome: The ROC (Registrar of Companies) uses this to verify that the individuals listed have actually consented to their legal responsibilities before issuing the Certificate of Incorporation.

2. During Post-Incorporation Changes (Form 4)

If you are appointing a new partner or changing a partner's designation in an existing LLP, the workflow moves to Form 4:

• Requirement: Any person becoming a partner must provide their consent to the LLP.

• The Filing: The LLP must file Form 4 (Notice of appointment/cessation) within 30 days of the change.  

• The Role of Form 9: The signed Form 9 must be attached to Form 4. Without this attachment, the MCA system will not allow the form to be "pre-scrutinised" or submitted.

3. The V3 Portal Integration

Under the MCA V3 Portal, Form 9 has become part of the "Linked Filing" system.

• Digital Validation: While Form 9 is a signed PDF attachment, the details (like DPIN/PAN) must match the DSC (Digital Signature Certificate) used to sign the main e-form (FiLLiP or Form 4).  

• System Check: The MCA system automatically cross-references the DPIN entered in the web form with the DPIN mentioned in the attached Form 9 during the backend processing.

Supporting Documents to Keep with Form 9

When preparing Form 9, it is essential to maintain a set of supporting documents. These documents serve as evidence for the details mentioned in the consent form and are often required as mandatory attachments during the MCA filing process.

1. Mandatory Identity and Address Proofs

As specified in the form's enclosures, you must keep the following documents ready for each partner or designated partner:

• Proof of Identity – PAN: A self-attested copy of the Permanent Account Number (PAN) card is mandatory for Indian nationals to verify the identity and PAN details entered in the form.

• Proof of Address – Aadhaar: A self-attested copy of the Aadhaar card is required to validate the residential address provided in the particulars.

2. Additional Professional and Entity Proofs

Depending on the specific details entered in the form, you may need to keep the following additional records:

• Professional Certification: If the applicant is a member of a professional institute (such as ICAI, ICSI, or ICMAI), a copy of the Membership Certificate and Certificate of Practice (COP) should be kept to support the membership number provided in S. No. 12.

• Body Corporate Authorisation: If a designated partner is a nominee of a body corporate (Company or LLP), keep a copy of the Board Resolution or an authorisation letter from that entity.

• Witness Records: For the Subscribers’ Sheet section, ensure you have the details of the witness, including their name, address, and professional membership number (if applicable).

Summary Checklist:

• Signed and dated Form 9.

• Self-attested PAN Card copy.

• Self-attested Aadhaar Card copy.

• Subscribers’ Sheet (if part of initial incorporation).

• Professional Membership Proof (if applicable).

FAQs on Form 9 (LLP)

Q1. Is Form 9 mandatory for every partner?

Yes, Form 9 is the mandatory "Consent to act as a designated partner/partner of an LLP". Every person intending to act as a partner or designated partner must provide this consent pursuant to Section 7(3) of the Act.

Q2. Form 9 vs Form 4 vs FiLLiP (what is the difference?)

• Form 9: A specific document used to provide formal consent and a declaration that the individual is not disqualified from becoming a partner.

• FiLLiP: The integrated "Form for incorporation of Limited Liability Partnership" is used during the initial registration of the entity. Form 9 is a mandatory attachment to this filing.

• Form 4: The form used to notify the Registrar of any appointment, cessation, or change in particulars of a partner after incorporation. Form 9 must be attached to Form 4 when a new partner is appointed.

Q3. Can Form 9 be signed digitally (DSC)?

While the information in Form 9 must eventually be validated on the MCA portal via Digital Signature Certificate (DSC), the form itself includes a space for a physical signature. In practice, it is physically signed by the partner, scanned, and then uploaded as an attachment to the e-form, which is digitally signed.

Q4. Is Word format acceptable if the information matches the prescribed format?

No. While the drafting can be done in Word, all documents uploaded to the MCA portal must be in PDF format. Using non-standard formats like Word (.docx) can lead to immediate rejection or resubmission requests.

Q5. What if DPIN is not generated yet?

The form includes a field for the Designated Partner Identification Number (DPIN). If a partner does not yet have a DPIN at the time of incorporation, this field is typically left blank in the physical Form 9, and the DPIN is applied for and allotted through the FiLLiP incorporation form.