LIMITED LIABILITY PARTNERSHIP:
Limited Liability Partnership (LLP) Act came into force for most part, on 31st March, 2009 followed by its Rules on 1st April, 2009.
It is hybrid form which incorporates benefits of both partnership and companies. It has the following features:
- Separate legal entity in the eyes of Law.
- Cost of incorporation is very less.
Small Entrepreneurs can opt for LLP
CHANGE OF NAME OF LLP
A Limited Liability Partnership (LLP) registered in India maybe required to change its name due to business reasons or on the directions of the Central Government. Central Government can order for change of LLP name, if the name of the LLP is deemed to be undesirable or identical with or too nearly resembling the name of an existing LLP.
Penalty
In such a case, the LLP must comply with the directions of the Central Government. Failure to comply could attract a penalty of Rs.10,000 to Rs.5,00,000 for the LLP and the designated partner could be fined Rs.10,000 to Rs.100,000, in case of order to change name by Central Government.
Procedure for Change of Name of LLP
Firstly, LLP is required to file RUN-LLP (Reserve Unique Name-LLP) for Change of Name of LLP.
WEB Based RUN-LLP
One can give two Proposed Name for change of name of LLP according to preference.in RUN-LLP.
Significance of Name should be mentioned.
Auto check names before Submit.
Attachments
- Certified copy of the consent of the Partners to apply for new name.
- Trademark application or registration certificate copy, if available.
- Any other document that is pertinent.
With the filing of Form 1 Company shall receive the Name Approval Certificate.
Secondly, LLP is required to file e-Form 5 for Change of Name of LLP.
On obtaining name approval from the MCA, confirming availability of name, notice of change in e-Form 5 can be filed with the ROC within 30 days.
Form 5:
Attachments
- Certified copy of the consent of the Partners regarding Approval of New Name of the LLP.
- Name Approval Letter
- WEB Based RUN –LLP Challan
With this LLP shall receive fresh Certificate of Incorporation with the New Name of the Limited Liability Partnership.
Third, LLP is required to file e-Form 3.
LLP needs to file Supplementary Agreement with the Registrar in e-Form 3 within 30 days and pay the prescribed fees.
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Please refer all the relevant section, rules, notifications, amendments as applicable. The Author is not responsible for any losses incurred. Content is merely for sharing knowledge. For any queries, Author can be reached at [email protected] or 9773763430