Procedure for Changing LLP Name – Step by Step Guide
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.
