LLP Name Change | Name Change of LLP
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LLP Name Change

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Name of a Limited Liability Partnership can be changed with the consent of its designated partners. An application for reservation of name to be filed with the registrar and after its approval another application is filed for issuance of fresh certificate of Incorporation of LLP

LLP Name Change
 
LLP Name Change

A Limited Liability Partnership (LLP) is a legal creation which is incorporated under the provisions of The Limited Liability Partnership Act, 2008, The name with which LLP gets incorporated is duly approved by ROC on an application made for that Purpose. While allowing the name ROC take in consideration the provisions of Names & emblems Act, the registrar of LLP shall not approve any name which is undesirable and is identical to or which closely resemble with name of a any other partnership firm or any other LLP or body cerate registered.

The registrar of LLP is also under obligation to see if the proposed name of LLP is not in conflict with any registered trademark or with respect to which any trademark application has been filed and is under consideration before the registrar of trademarks.

However once a name is approved and subsequently LLP gets incorporated the designated partners may change the Name of the LLP, The reason for such name change shall be normally changes is business and to reflect the brand or activity in the name of LLP. The name may be required to be changed on direction/instruction by ROC.

From the above discussion it is clear that the name for a LLP must be unique and it should not be same or similar to the name of any other Company, LLP, other body corporate, registered trademark & a trademark for registration of which an application is pending before registrar of LLP. However, in event of any contradiction on above understanding the aggrieved person can file an application to ROC/ Govt India to seek a direction/instruction for change of impugned name. LLP Name Change can be done in accordance with provisions mentioned in LLP agreement however if agreement is silent on this point then a reference may be made to the Ist schedule of LLP act which describers mutual rights & duties of partner/LLP on such matters.

Procedure to be followed for change of Name:

Following are the procedural steps which has to be taken for change to name of the Limited Liability Partnership (LLP):-

1.
The designated partners should meet and agree to the proposal for change in name of LLP and majority of them must give their written consent.
2.
The above said consent may be given by partners separately or jointly.
3.
They must also authorize any one designated partner among them for the purpose of filing appropriate application is connection with change of name og LLP.
4.
An application for name reservation shall be filed to Roc along with prescribed for to INR 200 (as of now) the ROC having regards to the provisions of names of emblems Act, shall approve the name and shall issue a letter to that effect.
5.
After name approval by ROC, the partners will meet and adopt the same name by unanimous or majority decision.
6.
An intimation of the change of name of LLP shall be filed with the registrar of LLP through from- 5 within 30 days of adoption by the partners.
7.
With the approval of form 5 a new Certificate of Incorporation is generated recording such change of name.

Matters to be taken up after change in name of LLP

1.
Execute a Supplementary LLP agreement to change the name clause in original agreement, there is no need to pay stamp duty again which is otherwise applicable to LLP agreement, the supplementary agreement has to be prepaid on Rs. 100 stamp paper ( as applicable to a general agreement).
2.
The LLP agreement need to be filed to ROC in form 3 within 30 days of fresh COI (date of issue).
3.
Change the name of LLP in the database of INCOME TAX Department. By filing amendment application for changing the name is pan & Tan.
4.
Change the name is all other license and registrations which the LLP may have applied or obtained.
5.
Change the name is all the stationery.
6.
Change the name is display board of LLP.
7.
Sometime change of name is caused due to change is business in that situation the compliance relating to change in object of LLP must also he compiled along with the compliance of name change.

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