Process for LLP name change | Bhavya Sharma & Associates

 

The procedure for the name change is governed by provisions of Section 19 of the Limited Liability Partnership Act, 2008. A Limited Liability Partnership (LLP) that is registered in India may, under certain circumstances, need to change its name. The reasons can be business-related or on account of certain directives from the Central Government (if the name of the LLP is considered undesirable or similar to an already existing LLP, the Government can ask for a name change and failure to comply with such direction given shall be punishable with fine which shall not be less than ten thousand rupees but which may extend to five lakh rupees and the designated partner of such limited liability partnership shall be punishable with fine which shall not be less than ten thousand rupees but which may extend to one lakh rupees. 

Procedure for Changing the Name of the LLP

An application for changing the name of the LLP should be, first, submitted to the Ministry of Corporate Affairs. The application must have a maximum of two name preferences. One must ensure that the preferences are in tandem with the LLP naming guidelines that have been laid out in India. To start with, it should not be identical or similar to an already existing one. You can also check out the availability of a name on the MCA portal and then finalize a name. Along with the LLP name change application, the partners need to submit the following documents. 

1. Certified copy of the consent of all partners involved in the name change; 

2. Copy of the existing LLP agreement; 

3. Trademark copy or a copy of the registration certificate. 

After the suggested name gets approved, one has to file Form LLP-5, giving notice of the change in the name. 

The form has to be submitted to the Registrar within 30 days. 

The ROC, after taking into consideration the application, will approve/deny the name change. 

If the name is approved, the ROC will issue a certificate and the new name will be effective from the date mentioned in the certificate.

Once the partners get the new certificate of registration, a supplementary agreement needs to be laid out mentioning the changes in the LLP agreement as a result of the name change.

Attachments with Form RUN LLP: 

1. Resolution of LLP 

2. Consent of all partners 

Attachments with Form 3 

1. Consent of partners 

2. Notice of change of name. 

Article By: Ms Shivangi Dhanuka, Legal Associate at Bhavya Sharma and Associates located in Delhi. In case you need any assistance for corporate law compliances or advisory related services, contact us at legal@bhavyasharmaandassociates.com or for more details you can visit: www.bhavyasharmaandassociates.com 

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