LLP Name Change
LLP Name change can be made subject to availability of new name and reservation thereof. Any change in LLP name need approval of registrar through e-filing of proper forms on MCA Portal.
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Once a LLP (Limited liability partnership) is incorporated before the MCA (Ministry of Corporate Affairs) it enjoys a unique name followed by LLPIN (Limited Liability Partnership Identification Number). LLP incorporated is always going concern, it means it continue to carry on the business as mentioned in the objectives of the LLP indefinitely. Thus, at later stage there is always an option available for change the name of the LLP. Changing the name of the LLP will not affect the legal status of the company and its activity remain continue as earlier, any legal proceeding initiated in old LLP name will continue without impacting the status of LLP or in its name. The age of LLP will remain to consider from the date of its first incorporation without impacting LLP name change. Although the decision for changing the name of the LLP is completely rest in the hands of management / partners, some of the reasons which attract the decision for change in the name of the LLP are:
- Change in the objectives of the LLP
- Change in the management or Partners of the LLP
- Change in the place of location of business (if name include any word specifying place)
- Branding / Rebranding of the products of the LLP
- Scaling up of LLP from domestic level to multi-national level (MNC)
- Any other reason as considered by the management / partners
- A resolution must be passed in a properly convened meeting of partners regarding name change and to authorize any partner of the LLP to seek name availability on MCA portal and to apply for the same.
- Application shall be Registrar through MCA Portal for name reservation along with supporting documents such as Resolution passed in meeting of partners for name change.
- Once the name is approved by Registrar, the LLP must convene a proper meeting of members and passed resolution for accepting the new name and to execute a supplementary LLP Agreement mentioning name change along-with authorizing any partner to file necessary forms before the registrar on MCA Portal
- The authorized partner need to file necessary forms such as Form-5 along with duly passed resolution and supplementary agreement mentioning name change.
- After verifying all the particulars filed by the LLP, the registrar shall issue fresh certificate of incorporation indicating new name of the LLP.
- LLP may proceed for name change in Income tax department / banks / GST or any other relevant regulatory authority based upon freshly issued certificate of incorporation of name change.