Structured Biiz

CHANGE OF NAME OF LLP

For changing the name of the LLP, the LLP needs to follow the procedure as laid down under the LLP Act, 2008 and the LLP Rules, 2009. The process of change of name of the LLP is governed by Section 19 of the LLP Act, 2008 and Rule 20 of the LLP Rules, 2009.

As per Section 19 of the LLP Act, 2008, any LLP can change its names by filing a notice of change of name in prescribed form with the ROC along with the payment of prescribed ROC fees.

Rule 18 of the LLP Rules, 2009 defines the guidelines for reservation of names. As per Rule 18 (1) of the LLP Rules, 2009, the name of the LLP shall not be prohibited under the Emblems and Names (Prevention of Improper Use) Act, 1950.

As per Rule 18(4) of the LLP Rules, 2009, an application is required to be made for reservation of name with which the proposed LLP is to be registered or for change of name to the respective Registrar of Companies.

Rule 20 of the LLP Rules, 2009 lays down the procedure to be followed by the LLP for change of name.

Process

The LLP may change the name by following the process as laid down under the LLP Agreement executed at the time of formation of the said LLP by all the Partners

In case the LLP Agreement does not provide the procedure to be followed for change of name, then the consent of all the partners shall be required for changing the name of the LLP.

An application for reservation of new name needs to be filed with the Registrar of Companies for approval in a prescribed form along with the consent of all the partners

Once, the name is approved and reserved by the Registrar of Companies, the notice of change of name of the LLP is required to be given to the Registrar in another prescribed form within 30 days of approval and reservation of name.

Again, the Consent of all the Partners and the approval in regard to approval of name by the ROC needs to be part of notice of change of name of the LLP form.

The Registrar of Companies, after being satisfied that the documents and procedures are complied with, shall issue a Fresh Certificate of Incorporation in the new name. The changed name shall become effective from the date of such Fresh Certificate of Incorporation issued

In order to modify the name of the LLP under the LLP Agreement, a Supplementary Agreement signed and executed by all the Partners with the clause in regard to change of name must also be filed in a prescribed form along with the requisite fees with the Registrar of Companies.

New LLP Name needs to be printed on all its letterheads. The New LLP Name needs to be displayed at its Registered Office Address as well.

Accordingly, the name of LLP needs to be changed on PAN, TAN and/or on any other statutory document obtained by the LLP.

Change of Name of the LLP

All inclusive

*The fee mentioned above is inclusive of Govt. Fee. However, Stamp Duty Payment or late Penalty Fee or any out of pocket expenses arising in the matter shall be charged separately.