Change LLP Name Online

Changing the name of a Limited Liability Partnership (LLP) involves modifying the legal identity of the business. This process requires compliance with specific legal procedures and documentation. By changing the LLP's name, businesses can reposition their brand, adapt to market dynamics, or pursue new opportunities. 

• Renaming for Product/Service Popularity: A company can rename itself around a popular product or service to capitalize on its popularity.
• Memorable Name: Changing a company's name to something more special can help it resonate with potential customers.
• Repositioning: A name change can help a company reposition itself in a new market.
• Location-friendly Name: In certain situations, it may be helpful to change a company's name to one that is more friendly and acceptable in a new geographic area.
• Copyright Issues: A company may need to change its name to avoid copyright problems.
• Change of Ownership: A new name can signify a new owner's authority and give the company a fresh direction

The procedure for changing the name of a Limited Liability Partnership (LLP) is regulated by Section 19 of the LLP Act, 2008, along with the LLP agreement filed with the Ministry of Corporate Affairs. Before initiating the name change process, it is essential to review the LLP agreement to determine if any provisions regarding name alteration have been specified. In general, standard LLP agreements do not impose restrictions on changing the LLP name, providing flexibility for businesses to undertake this modification as required.

To begin the process of changing the name of your LLP, it is crucial to select a new name and confirm its availability. If the name is available, you can proceed by submitting an application for the Reservation of a Unique Name (RUN) on the MCA portal. This application will allow you to reserve the chosen name for a period of 20 days.

When submitting the name application, make sure to attach the following documents:

1. Certified copy of the partners' consent to apply for the new name.
2. Certified copy of the LLP Agreement or the Limited Liability Partnership document.
3. If applicable, include a copy of the trademark application or registration certificate.
4. Ensure that the consent letter appended to the e-form authorizes one of the partners to file it with the Ministry of Corporate Affairs (MCA).
    

By providing these documents along with the name application, you can proceed with the LLP name change process smoothly.

Pursuant to the provisions of Section 19 and other applicable provisions, if any, of the Limited Liability Partnership Act, 2008 (as amended or re-enacted from time to time) and Clause ……. [Clause Number] of the Limited Liability Partnership Agreement dated …….The existing name of the Limited Liability Partnership was changed from …………………. [Existing name] to ………………………… [New name] as agreed upon by the partners of the LLP and in furtherance of this, the LLP Agreement shall be amended accordingly.
 

RESOLVED THAT Mr./Ms. …………………[Name of Designated Partner] designated partner be and is hereby authorized to sign necessary documents, and forms, do necessary filings with the Registrar of LLP Incorporation, and do any such acts and deeds that may be necessary in this regard.

After obtaining approval for the new LLP name, you must file an e-form "LLP-5" to notify the Registrar of Companies (ROC) about the name change. This form should be submitted within 30 days of receiving the approval, along with the following attachments:

1. Consent of the partners.
2. Notice of the change in name.

Ensure that these documents are provided accurately and within the specified timeframe to complete the process of changing the LLP's name successfully.

Once the notice of change has been filed and deemed satisfactory, the Registrar of Companies (ROC) will issue a new certificate of incorporation reflecting the LLP's new name. The new name will be effective from the date specified on the certificate.

After receiving the fresh certificate of incorporation, it is necessary to prepare a supplementary LLP agreement to officially update the LLP's name change within the original LLP agreement. This step ensures that the LLP agreement accurately reflects the updated name of the LLP.
 

As the final step, submit the supplementary LLP agreement to the Registrar of Companies (ROC) as an attachment to e-form LLP-3, as mentioned earlier. This will ensure that the updated LLP agreement reflecting the name change is officially filed with the ROC.

After the change of name, the LLP is required to use the new name instead of the old one. Additionally, the LLP should notify all relevant government authorities and banking officials about the name change and update it on all types of stationery used by the LLP.

If the central government determines that the LLP has breached section 15(2) or if the name of the LLP or body corporate resembles that of another LLP or body corporate, the central government may issue an order requiring the LLP to change its name within a period of 3 months or more.

The failure of the same may call for a penalty: