Process of Changing LLP Name

You require to alter the title of your Limited Liability Partnership for a marketing reason, intimate reason or may be because of a reason based on the regulations of the Central Government. 

Yes, the Government can order a change in your LLP name, in case the title is deemed to be unacceptable or relative with or exactly bearing resemblance with the name of a present LLP. 

This blog follows the process of changing the LLP name, in detail.

Look at the process below and follow the procedure accurately.

Section 19 of the LLP Act

This process is governed by Section 19 of the LLP Act, 2008 and the agreement is filed with the Ministry of Corporate Affairs.

Therefore, before starting the process for modifying the LLP handle, one should check the LLP contract to be notified, consciously – if any process linked to modification of the name has been defined. Most standard LLP deals will not possess any restraints on the change of LLP name.

The Name Availability Of LLP 

Before initiating the LLP handle transition method, you must decide on a name that you want to keep and check the LLP name availability. If only the name is available, only then a petition for Reservation of Unique Name (RUN) can be executed on the MCA gateway to possess the handle for a duration of 20 days.

Accompanying the name application, the subsequent documents can be added

  1. The Approved copy related to the approval of Allies to appeal for a brand-new name.
  2. Attested copy similar to your Limited Liability Partnership, contrarily with LLP Compliance.
  3. A Label or a trademark petition, otherwise enrollment certification photostat, if any.
  4. Assure that the permission letter affixed to the e-form further authorizes one of the associates to list it along with the Ministry of Corporate Affairs (MCA).

Draft Resolution for the Change in the Name of LLP.

“RESOLVED THAT under the provisions of Section 19 and other applicable provisions, if any, of the Limited Liability Partnership Act, 2008 (as amended or re-enacted from time to time) and Clause ……. [Clause Number] of the Limited Liability Partnership Agreement dated …….., the existing name of the Limited Liability Partnership be changed from …………………. [Existing name] to ………………………… [New name] as agreed upon by the partners of the LLP and in furtherance to this, the LLP Agreement shall be amended accordingly.

RESOLVED FURTHER THAT Mr./Ms. …………………[Name of Designated Partner] designated partner be and is hereby authorized to sign the necessary documents, forms, do necessary filings with the Registrar of LLP and do any such acts and deeds that may be necessary in this regard.”

LLP-5-Notice related to Change of Name 

After the title of LLP availing consent, you require to deposit an e-form “LLP-5” to provide notice associated with the variation in name with Registrar of Companies (ROC) mutually with the consequent additions in a duration of 30 days of availing consent:

  1. Approval of Associates
  2. Notification for the adoption of the new name

Supplemental LLP Understanding

If filing the notice of change if found satisfying, the ROC will further bestow a wholesome certificate of consolidation in the fresh title. The afresh changed name will be valid from the date as indicated in the certificate.

After availing of a fresh certificate of incorporation, you are obligated to plan an additional LLP agreement to modernize the replacement of the LLP name to the initial LLP agreement.

Filing Supplementary LLP Agreement

For the last step, file the additional LLP contract as aforementioned by the ROC as an appendage advanced to e-form LLP-3.

Conclusion

This is not constantly mandatory that the LLP will remain in the same name. This may alter its title whenever it thinks worthy. The name of the LLP may be altered deliberately or mandatorily.

Ideally, whereby the name of the LLP should be changed, it must be specified in the LLP Understanding itself. Nonetheless, if nothing is specified about likewise, the scheme as laid down in Section 19 of the Limited Liability Partnership Act, 2008 needs to be followed.

For any further clarification regarding LLP name change please feel free to contact Doqfy, your one-stop destination for all the documentation related queries. 

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