Compliances
LLP Services
LLP Name Change
Change of name of LLP
A Limited Liability Partnership (LLP) registered in India maybe required to change its name due to business reasons or on the directions of the Central Government. Central Government can order for change of LLP name, if the name of the LLP is deemed to be undesirable or identical with or too nearly resembling the name of an existing LLP. In such a case, the LLP must comply with the directions of the Central Government. Failure to comply could attract a penalty of Rs.10,000 to Rs.5,00,000 for the LLP and the designated partner could be fined Rs.10,000 to Rs.100,000, in case of order to change name by Central Government.
Procedure for change of name of LLP as follows:
- Application for change of name
Application for change of name is required to be filed in form-1 with the ROC. The following documents must be attached to the LLP name application document:
- Certified copy of the consent of the Partners to apply for new name.
- Trademark application or registration certificate copy, if available.
- Copy of the existing LLP agreement.
- Any other document that is pertinent.
- Notice of change of name
On obtaining name approval from the MCA, confirming availability of name, notice of change in form 5 shall be filed with the ROC within 30 days. The procedure as laid down in the LLP agreement can be followed for effecting the change after obtaining consent of all the Partners of the LLP.
- Drafting of Supplementary LLP Agreement
After filing the notice of change, if found satisfactory, ROC will present a fresh certificate of incorporation in the new name. The new changed name will be effective from the date as indicated in the certificate.
Subsequent to availing fresh certificate of incorporation, you are required to draft a supplementary LLP agreement to update the change of LLP name to the original LLP agreement. - Filing of supplementary LLP Agreement
After drafting of Supplementary LLP agreement, it shall be filed in Form-3 with the ROC.