What is a designated member?
A member of a partnership may become a designated member at any stage, as long as this move is approved by the remaining partners. A designated member maintains the same rights and responsibilities as any other member of a limited liability partnership, as agreed within the partnership agreement when the partnership was established.
What does a designated member do?
However, the responsibilities of a designated member are not limited to those of the others involved with the partnership, with a number of further duties expected to be performed. Further responsibilities of a designated member include:
- If an auditor is required, they will be appointed by the designated member
- Notifying the required parties of any changes to the membership, name or address of the partnership
- Signing and delivering accounts on behalf of the partnership
- Preparing, signing and delivering a LLP363a form each year
- Acting on behalf of the partnership should it be dissolved
Failure to carry out any of these tasks is a criminal offence, and will be punished by law should these responsibilities not be fulfilled or if incorrect information is knowingly provided by the designated member.
Appointing a designated member
Clearly, appointing a designated member is something which should not be taken lightly, with a number of important responsibilities involved, including ensuring that all regulations within the Limited Liability Partnership act 2000 are correctly followed.
This means that careful consideration should be made to who is given the role of designated member, with efforts made to ensure that the individual has the required knowledge and skills to perform the responsibilities required. You must be certain that the designated member knows exactly what they are getting themselves into, and is completely prepared to take the step up to become the designated member.
For expert guidance on the role of a designated member and how you should go about appointing one, call Ralli Partnership Law on 0161 832 6131, or use the Contact Us section of the website to arrange a callback at a more convenient time.