Change in LLP Name |

Change in LLP Name

Change in name of LLP requires a few complained to be follows. An expert is must to change the name of LLP. Get in touch with experts at estabizz to change name of your LLP.

Why name change is required for LLP?

A LLP proposed to change name of the LLP in following circumstances
In case of change in business activity,

To adopt the brand name under which its working

To develop a New Brand

At the time of merger and amalgamation etc.

Upon order of the Central Government

When Central Government orders or provide Directions for change in Name of the LLP ? (Section 17 LLP Act, 2008)

The LLP shall change its name upon directions of Central Government in case where LLP is registered with the name which is identical with or too nearly resembles the name of any other LLP or body corporate.

If LLP have received directions from the Central Government for change in name of the LLP the LLP shall comply with such directions within 3 months or such period as Central Government may allow.

LLP failing to comply with such directions shall be punishable with the fine of which shall not be less than Rs. 10,000 but which may extend to Rs. 5 Lacs. Further, the designated partner of such LLP shall be punishable with fine which shall not be less than Rs. 10,000 but which may extend to Rs. 1 Lac.

Process for change in Name of the LLP.

Section 19 of the LLP Act, 2008, describes the process related to LLP name change and in the LLP agreement filed with the MCA.

Before starting process for change in name of the LLP, One needs to verify the LLP Agreement to check whether the LLP agreement consists of the clause of an alternation.

Process for change in Name of the LLP.

Section 19 of the LLP Act, 2008, describes the process related to LLP name change and in the LLP agreement filed with the MCA.

Before starting process for change in name of the LLP, One needs to verify the LLP Agreement to check whether the LLP agreement consists of the clause of an alternation.

Check LLP Name AvailabilityThe first step to change the name of LLP is to check whether the proposed name is available or not. Such name shall not similar to an existing company, LLP or body corporate and infringe any trademark.

An application for change in name shall be accompanied with following

Consent from partners for change in name

To give authority to any partners to make application to MCA to complete process of name change.

If name is applied for or registered trademark, Copy of the trademark application or registration certificate shall be submitted

Filling of Form LLP-5 (Notice Related to change)

In the process of the name of Limited Liability Partnership approval, file an e-form “LLP-5” for the reason of providing notice related change in name with the ROC within 30 days after availing the approval along with the consent of partners and notice for change in name.

If ROC found satisfactory, ROC will file a fresh certificate of incorporation in the new name. The LLP name change will be effective from the date as motioned in the certificate given by ROC.

fting, Executing Supplementary Deed

A supplementary LLP agreement required for the availing the fresh certificate of incorporation. Here, update the name to the original LLP agreement.

ing Supplementary LLP Agreement

Aafter receiving the fresh Certificate of Incorporation, it requires the execution of a Supplementary LLP Agreement to give effect to the change in the name.

Further, it is necessary to file supplementary LLP agreement with ROC within 30 days of execution.

Documents Required or change in name of LLP

Attested copy of consent letters from the the partners

A Resolution approving the change in name of LLP by the partners

Trandemark application or Trademark registration certificate, if any.

NOC if the name is already under the Trademark register

Authorization allowing the partner for application of change of name

Certified Copy of LLP Supplementary Agreement

FAQs

When to execute Supplementary Partnership Deed for change in name of the LLP?

A Supplementary Partnership Deed shall be executed after issuance of fresh certificate of Incorporation to the LLP by MCA.

How to change name of LLP?

Following are the steps involved to change name of the LLP

Application for reservation of Name
Receipt of Name Approval
Intimation of change in name in Form -5 to MCA
Issuance of Certificate of Incorporation in New Name by MCA
Execute Supplementary deed with the New Name
Intimation of change in supplementary Deed in Form 3 to MCA

When to file Form 5 (Notice to change) with MCA?

Once the name has been approved, the LLP has to file e-Form 5 which acts as a notice, within 30 days of the new name approved by MCA. Once the registrar is satisfied, he or she will issue a new certificate with the revised name. And then LLP can draft and execute a Supplementary Agreement.

Our Blog

Why name change is required for LLP?When Central Government orders or provide Directions for change in Name of the LLP ?Process for change in Name of the LLP.Documents Required or change in name of LLP FAQs Blog