Limited Liability Partnership (LLP) refers to a body corporate or partnership formed and incorporated under the provisions of Limited Liability Partnership Act, 2008. Such LLP may change its name by procedure laid down under Provisions of Section 19 and Rule 20 of LLP Act, 2008.
REASONS
FOR CHANGE IN NAME
1.
Voluntarily on account of
change in the nature of business of such LLP, or
2.
Based on the direction
from the Central Government, or
3.
Based on the direction
from the Registrar of Companies (RoC).
PROCEDURE:
Step 1
File
e-form RUN (“Reserve Unique Name”) with the Registrar of Companies (RoC) for
obtaining approval and reserving of new name of LLP for 90 days alongwith
stipulated fee. Following documents are required to be attachment with RUN:
a.
Certified copy of consent of all partners to apply for a new name
b. Trademark application, if applied
under Trademark Act or copy of registration certificate, if any
c. If proposed name(s) is
based on a registered Trade Mark or is a subject matter of an application pending
for registration under the Trade Mark Act, 1999, No Objection Certificate of
Owner of Trade Mark or the applicant of such application
1. In case the name includes banking, insurance, venture capital,
mutual fund, stock exchange, Chartered Accountant, Company Secretary, Cost
Accountant, Advocate, etc., a copy of in-principal approval from such
regulatory authority or council governing concerned profession should be attached
with Form RUN LLP.
2.
Two names for reservation can be proposed.
3. If the name gets rejected, one resubmission chance shall be
granted for filing the RUN form with two other unique names.
Step 2
File
LLP Form No. 5 with the Registrar of Companies (RoC) within a period of 90
days, from the date of receipt of approval from the Registrar of Companies
(RoC) on the proposed new name. along with the prescribed fees and the
following documents as an attachment:
ii.
Copy of the minutes of decision/resolution/consent of partners
iii.
Copy of the direction received from the Central Government, if any
iv.
Copy of the direction received from the Registrar
Step 3
File Supplementary LLP Agreement (Form-3) to give effect to the
change of name, in the original agreement along with the prescribed fees and
the following documents:
i. Supplementary/ amended LLP agreement
ii. Certified copy of consent of all partners
iii. Notice of Change in Name
iv. Any other information/document as may be required.
Step 4
File
Necessary Amendment Application under following Acts:
Such
LLP shall file the requisite amendment application, as may be applicable under
the Acts where the LLP has registered like GST, ESI, PF, FEMA etc.
