Changing the name of an LLP is a significant decision that can impact branding, legal standing, and business operations. It’s essential to follow the proper legal procedures to avoid any disruptions. This article provides a detailed checklist and explanation of the steps involved in changing the name of your LLP, including the necessary forms, documents, and approvals required.
| Steps |
Procedure |
| Web-based Form RUN |
- Initial LLP agreement
- CTC of LLP resolution for the new proposed name
- Certificate of Registered Trademark or NOC in case of proposed name prefixes are based on a registered trade mark
- NOC form existing Company/LLP if any similar name-based
- Check the name availability
|
| LLP Form-5 (Notice for change of name of LLP) |
- Consent letter of the partners to apply for a new name in Form 9
- Copy of name approval letter
- Copy of name change approval order issued by concerned dept.
- List of DP and Partners as of date
- Copy of minutes of decision/resolution/ consent of partners
- If the change is due to a direction received from the central government/registrar, then a copy of such direction is mandatory to be attached
- Any other docs as may be required
|
| LLP Form-3 |
- Certified true copy of the supplementary agreement executed for a name change
- The extracts of the relevant provisions of the LLP agreement, if any (Mandatory if the change is name is based on the procedure laid in the LLP Agreement)
- Any other doc as may be required
|
| A foreign LLP can change its information by filing Forms 28 and 29 |
| Form 28 |
- Alteration in incorporation docs or other instruments defining the constitution of LLP incorporated or registered outside India
- Alteration in the registered constitution of LLP incorporated or registered outside India
- Alteration in the partner/DP if any of an LLP incorporated or registered outside India
|
| Form 29 to give notice in case of |
- Alteration in the COI or registration of LLP incorporated or registered outside India
- Alteration in the name and the address of any of the persons authorised to accept the service on behalf of the foreign LLP in India
- Alteration in the foreign place of business of foreign LLP in India
- Cessation to have a place of business in India
|
Timeline: The process of approval is likely to be completed within 30-40 working days from the date of filing of application with MCA provided the company provides all information /documents.
Conclusion: Changing the name of your LLP is a meticulous process that requires careful attention to detail and adherence to legal protocols. By following this checklist and ensuring all required forms and documents are correctly completed and submitted, you can facilitate a smooth transition and maintain compliance with regulatory requirements. Always consult with legal professionals or advisors to navigate any complexities and ensure all steps are correctly followed.
