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All You Need to Know

What is LLP Name Change?

During the course of business, an LLP may need to change its name to reflect new activities or a new brand in the market. This can be done in accordance with LLP regulations and the LLP Agreement. An LLP registered under the Limited Liability Partnership Act, 2008 can change its name at any time, provided it receives approval from the appropriate authorities.

Reasons for LLP name change:

  • Mergers and amalgamation
  • Shift in business activity
  • New brand development

LLP Name Availability

Before commencing the change name process, decide a name and verify the name availability. If the name is available, then an application for Reservation of Unique Name can be made on the MCA portal to reserve the name for a period of 3 months.

Following sections of LLP Act 2008, deals with the change of name:
Directions received from the C.G. (Central Government) (Section 17 of LLP Act, 2008)

Central Government’s Authority: Section 17 of the LLP Act allows the Central Government to direct an LLP to change its name if it is found to be identical or too similar to another LLP or body corporate name, causing potential confusion.
Compliance Timeline: The LLP must adhere to the name change directive within 3 months from the date of the notification, or within an extended period granted by the Central Government.
Penalty for Non-Compliance: An LLP that does not comply with the name change order will face a fine of at least ₹10,000, up to ₹5 lakhs.
Designated Partner’s Penalty: The designated partner of the LLP can be fined between ₹10,000 and ₹1 lakh for failing to follow the name change directive.

Suo moto basis (Section 19 of LLP Act, 2008)

  • Legal Basis: The name change process for an LLP is outlined in Section 19 of the LLP Act, 2008, and the LLP agreement submitted to the MCA.
  • Review LLP Agreement: Check the LLP agreement before starting the name change process to confirm if there are any specific procedures or restrictions for altering the name.
  • Typical Terms: Generally, LLP agreements do not include restrictions on changing the LLP’s name.
  • Consent Requirement: All partners must provide consent for the LLP’s name change.
    • For any reason, if you wish to change your LLP name, there’s a defined procedure to be followed. In case any of the procedure is not followed, Name Change cannot be given effect to, by ROC.

    Have any Questions?
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    +91 72074 46677

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    Why Choose My File Tax for Your LLP Name Change?

    My File Tax is a leading business platform offering comprehensive services for incorporation, compliance, advisory, and management consultancy for clients in India and abroad. Changing the name of your LLP is easy, seamless, cost-effective, and quick with My File Tax!

    In addition to LLP name changes, My File Tax also provides services for LLP registration, One Person Company Registration, Partnership Registration, HUF Registration, and Proprietorship Firm Registration.

    For a free consultation, contact us at +91 72074 46677 or email Kbharathca@gmail.com.

    Choose Your Package

    Simple Prices | No Surprises

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    ESSENTIAL

    ₹ 4299/-
    (All Inclusive)

    • Document preparation
    • 1 Name Approval application with ministry under LLP RUN
    • Revised Certificate of Incorporation with new name
    • Revision of LLP Agreement
    • Filing of New LLP Agreement with ministry
    • Modification in PAN Card
    • Modification in TAN
    Choose Plan
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    ENHANCED

    ₹8299/-
    (All Inclusive)

    • Document preparation
    • 1 Name Approval application with ministry under LLP RUN
    • Revised Certificate of Incorporation with new name
    • Revision of LLP Agreement (stamp duty and notary not included)
    • Filing of New LLP Agreement with ministry
    • Modification in PAN
    • Modification in TAN
    • Modification in GST
    • Modification in MSME
    Choose Plan

    Effects of a change in LLP Name

    • The notice of change of name shall be filed with the registrar within 30 days from the day of such change of name.
    • The change of a LLP name does not affect any rights or obligations of the LLP.
    • Any legal proceedings continued or commenced by or against the LLP pending in its old name will be continued in its new name.
    • Changing the name does not affect the constitution and entity of the LLP and therefore the change of name does not bring into existence a new company.
    • A decree obtained by a LLP in its former name can be executed by it in the new name after it has obtained a certificate for the altered name.
    • The Registrar of Companies shall issue a fresh certificate of Incorporation after the change of a LLP name has been filed and approved.
    • As the name of the LLP is also mentioned on the LLP agreement, Pan card, Tan Number, GST Registration, after its change, must also be altered

    Documents required for changing the name of the LLP

    Attested copy of consent letters from the rest of the partners
    Board resolution stating that the Board wants a name change
    Trademark Certificate of the name if it has been registered
    NOC if the name is already under the Trademark register
    Authorization allowing the partner to file Form 1
    Certified Copy of LLP Agreement  

    How to Change LLP Name?

    Fill a Simple Checklist

    Our team will contact you to collect your documents and provide a straightforward checklist. Complete the checklist and submit it with the necessary documents. Our specialists will verify everything and proceed with the LLP name change.

    Apply for Name Availability

    We will check the availability of your proposed name once we have all the documents. If the name is available, we will file the application for name reservation or change, along with the required documents.  

    Draft New LLP Agreement

    After the name is approved, we will file e-Form 5 as a notice of the name change within 30 days. Once the registrar approves the new name, we will issue a new certificate and draft a Supplementary Agreement for the LLP.

    FAQs On Limited Liability Partnership name change

    Yes, a supplementary agreement must be executed to reflect the new name in the LLP Agreement after the fresh Certificate of Incorporation is issued.

    Complete the Checklist: Submit documents along with a completed checklist. Apply for Name Availability: We will check if your desired new name is available and file the application. File E-Forms: Submit e-Form 5 for name approval and e-Form LLP-3 after the new Certificate of Incorporation is received.

    E-Form Fillip: For the initial name change application. E-Form LLP-5: To notify the Registrar about the approved new name. E-Form LLP-3: For updating the LLP Agreement after the new Certificate of Incorporation.

    We offer LLP name change services in cities like Mumbai, Delhi, Bangalore, Chennai, Hyderabad, Pune, and many others across India.

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