Procedure for Changing LLP Name

A Limited Liability Partnership (LLP) registered in India maybe required to change its name due to business reasons or on the directions of the Central Government. Central Government can order for change of LLP name, if the name of the LLP is deemed to be undesirable or identical with or too nearly resembling the name of an existing LLP. In such a case, the LLP must comply with the directions of the Central Government. Failure to comply could attract a penalty of Rs.10,000 to Rs.5,00,000 for the LLP and the designated partner could be fined Rs.10,000 to Rs.100,000, in case of order to change name by Central Government.

Obtain New Name Approval

LLP name application form must first be filed with the MCA with upto 6 names preference. The name of the LLP must conform to the LLP naming guidelines in India.

You can check LLP name availability here. The following documents must be attached to the LLP name application document:

Certified copy of the consent of the Partners to apply for new name.
Trademark application or registration certificate copy, if available.
Copy of the existing LLP agreement.
Any other document that is pertinent.

Also, it is recommended that an authorisation be obtained in favour of one of the designated partners of the LLP to make the necessary applications for availability and restoration of name in Form 1 to the ROC and for giving notice of change of name to the ROC in Form 5, once the name is made available.

File Notice of Change

On obtaining name approval from the MCA, confirming availability of name, notice of change in form 5 can be filed with the ROC within 30 days. The procedure as laid down in the LLP agreement can be followed for effecting the change after obtaining consent of all the Partners of the LLP.

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Frequently Asked Questions

Common questions about Changing LLP Name Procedure India.

The procedure for changing an LLP name in India involves obtaining new name approval from the Ministry of Corporate Affairs (MCA) by filing an LLP name application form with up to six preferred names. Once the name is approved, a notice of change in Form 5 must be filed with the Registrar of Companies (ROC) within 30 days.

An LLP may be required to change its name due to business reasons or on the directions of the Central Government. The Central Government can order a name change if the LLP's name is deemed undesirable or too similar to an existing LLP.

To obtain new name approval, an LLP must attach the following documents to the LLP name application: a certified copy of the partners' consent, a trademark application or registration certificate copy (if available), a copy of the existing LLP agreement, and any other pertinent document.

Failure to comply with the Central Government's order to change the LLP name can attract a penalty of Rs. 10,000 to Rs. 5,00,000 for the LLP and a fine of Rs. 10,000 to Rs. 1,00,000 for the designated partner.

No, an LLP cannot change its name without first obtaining new name approval from the Ministry of Corporate Affairs (MCA) by filing an LLP name application form and following the prescribed procedure.

The new LLP name must conform to the LLP naming guidelines in India. These guidelines outline the rules and restrictions for choosing an LLP name.

After obtaining name approval from the MCA, the LLP has 30 days to file a notice of change in Form 5 with the Registrar of Companies (ROC).

It is recommended that one of the designated partners of the LLP obtains authorization to make the necessary applications for availability and restoration of the name in Form 1 to the ROC and for giving notice of change of name to the ROC in Form 5, once the name is made available.

No, the procedure for effecting the name change must follow the process laid down in the LLP agreement, which typically requires the consent of all partners.

An LLP can check the availability of a new name before applying by using the LLP name availability tool provided by the Ministry of Corporate Affairs (MCA).