Relieving & Experience Letter for Co-founder / Designated Partner of LLP

saranya-sivanandham
I am co-founder and designated partner of an LLP firm with one other partner (founder). I am resigning from the firm and joining as an employee in another organization. So I need proper relieving / experience letter. Can I get the relieving / experience letter from my other partner ?
Dinesh Divekar
Dear Saranya,

When you started a firm, you must have entered into an agreement with another partner. Now you wish to withdraw from the partnership (you are "withdrawing" and not "resigning" please note). You need agreement once again. This second agreement itself will serve the purpose of relieving. If you have a copy of the legal agreement, then I don't think you need experience letter over and above the legal agreement.

Thanks,

Dinesh Divekar
saranya-sivanandham
Thanks Dinesh for your reply.

As you mentioned, we entered into an agreement with another partner when we started. But agreement doesn't have details on my designation, it is mentioned in general as Designated Partner. So, in-order to prove my experience in the designated position should I get an experience certificate ?
saswatabanerjee
You can very well ask your partner to sign the experience letter. I am sure he will stand by it during BGV.
The question is on whether he should show you as an employee or clarify that you were a partner (designated partner) and you have since resigned. That is a call that needs to be taken after careful consideration of the circumstances and your future career plans. But I believe falsifying a fact often gives rise to problems.
saranya-sivanandham
Thanks for the confirmation.
Being designated partner, I was taking monthly salary as well. In that case, am I eligible to get payslip like normal employee. How can I justify my yearly income apart from the shareholding?
saswatabanerjee
If you are getting a salary, you are eligible to have a salary slip.
You are probably overthinking it. As long as you have a salary slip, it is enough. The company may ask for bank statement to verify that you were getting the salary since as partner you could manipulate and get a fake salary slip. If you were actually taking the salary and it is in your bank statement, there is no reason for them to ask for anything more.
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