General Circular no. 40/2012
No. 17/202/2012 CL-V
Government of India
Ministry of Corporate Affairs
5th Floor, ‘A’ Wing, Shastri Bhawan,
Dr. Rajendra Prasad Road, New Delhi
Dated 17th December, 2012.
All Regional Directors
All Registrars of Companies
Sub: – No Objection Certificate (NOC) from the concerned regulator / Institute for LLP Name approval / incorporation.
In continuation of this Ministry’s Circular No 2/2012 dated 1st March, 2012 on registration of companies or LLPs where one of their objects is to carry on the profession of Chartered Accountant, Company Secretary, Cost Accountant, Architect, etc. relating to the requirement of obtaining NOC from the concerned regulator, it is hereby stated that the approval of the council / regulator governing the profession shall be obtained both at the time of application for incorporation and while seeking to change the name of an existing Limited Liability Partnership.
2. All ROCs are accordingly advised to ensure that in-principle approval /NOC of the regulator / institute governing such profession is obtained at the time of incorporation/ conversion into LLP and not while making application for name approval for new LLP.
3. However, in case of change of name of an existing LLP, NOC from the concerned regulator shall be obtained at the time of making application for name approval because change of name of LLP is made by filing Form 5 through STP mode.
J N Tikku