As per LLP Act, 2008, for any change in constitution of LLP, basically there are two forms need to be filed i.e. Form 4 and Form 3.

Form 3 is required to be filed for Information with regard to limited liability partnership agreement and changes, if any, made therein.

Form 4 is required to be filed for every appointment, cessation and change in name/address/designation of a designated partner or partner.

But how to file these forms are relevant. In some cases we need to file form 4 and 3 separately and in some cases they are filed as linked forms.

Below mentioned are different case scenario where we can find out the solution of this confusion:-

1. If you want to do only Change in Designation or Change in Nominee, then file these forms separately

2. If you want to do only Appointment or only Cessation then file these forms as linked forms.

3. If you want to do both Appointment and Cessation then file these forms as linked forms.

4. If you want to do both Appointment/Cessation as well as change in Designation/change in Nominee, then you have to file:

  • FORM 3 and 4 linked filing with appointment/cessation
  • One more Form 4 with change in designation/change in nominee.

Attachments:-

1. Form 4 – Appointment letter/ Resignation Letter/ Demise Intimation letter with Death Certificate

2. Form 3 – Amended LLP Agreement with proper denomination of Stamp Paper as per the State.

This write up has been prepared just for a better understanding and of my own analysis on the above.

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Qualification: CS
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Location: KOLKATA, West Bengal, IN
Member Since: 08 May 2020 | Total Posts: 5
My name is Swati Mittal. I am a Practicing Company Secretary from Kolkata. View Full Profile

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