Procedure for change of Limited Liability Partnership (LLP) Name 

Any LLP registered under the act Limited Liability Partnership Act, 2008 may change its name any time during its active status with the approval of registrar.

A LLP may change its name by the following written ways.

There are total three sections under Limited Liability Partnership Act 2008 (LLP Act 2008) which deals for change of name of LLP
1. Suo moto basis (Section 16 of LLP Act, 2008)
2. Directions received from the C.G. (Central Government) (Section 17 of LLP Act, 2008)
3. Directions given by any entity to Registrar to change the name of LLP (Section 18 of LLP act, 2008).

1. SUO MOTTO NAME CHANGE:

Under Section 16 of the said Act any LLP through its designated partners may apply for reservation of new name proposes to change its name.
Under this Criteria LLP may file the prescribed form (Form 1) with the registrar and pay the prescribed fee. If the Registrar does not have any objection with the new name then he may reserve the name for three months. Consent from all the partners must be mandatorily obtained to apply for name change.

Following documents are also required to attach with Form 1
1. Certified copy of consents from partners to apply for new name
2. Board Resolution, if any
3. Trademark Certificate if name is registered in the name of LLP / Partners
4. NOC, if the same is registered under Trademark (from the owner)
5. Authorization to a partner to file the E-Form 1.

After approval of new name from the registrar LLP needs to file e-Form 5 for notice of change in name with ROC with in thirty (30) days from approval of name. After filling of above said form (e-form 5) with the Registrar, if ROC is satisfied with the documents and details they will issue a fresh certificate of Incorporation in the new name.

New name shall be effective from the date as mentioned on the certificate. After receiving of fresh certificate under new name the LLP needs to execute the Supplementary Agreement to give effect to the changes in the LLP agreement. After that LLP needs to file the executed Supplementary Agreement with the Registrar in e-form 3 with 30 days and pay the prescribed fees. From that day LLP shall use only new name and cannot use previous name.

2. DIRECTIONS RECEIVED FROM CENTRAL GOVERNMENT: SECTION 17

Under section 17 Central Government (C.G.) may give directions to the registered Limited Liability Partnership Act 2008 (LLP Act 2008) to change its existing name to new name (which must not be undesirable and identical or too nearly resembles). Failure to comply may lead to heavy penalty to Designated Partners and on LLP itself.

3. DIRECTIONS GIVEN BY ANY ENTITY TO REGISTRAR TO CHANGE THE NAME OF LLP (SECTION 18 OF LLP ACT, 2008).

Under this section any entity may approach to registrar with in twenty four (24) months from the date of incorporation to intimate to change the name of LLP if the entity has similar name (must be in existence before incorporation of LLP.

Following steps should be taken by the entity to proof the burden (that entity is in existence before the Incorporation of LLP).
1. Write an application to the Registrar for giving directions to change the name of LLP because of similar name.
2. Provide the documents which proof the existence of Entity before incorporation of the Limited Liability Partnership (LLP)
– Person may provide certificate of Registration under any government authority, which satisfy the incorporation of the entity with date, place, name, etc.
– Person may provide further copy of return, if applicable to showing the continuing existence of business
– Person may provide registration certificate including PAN, TAN, VAT & CST, Service Tax, GST, Excise, etc.
3. Person may provide the entire details with certified copy to the Registrar.
After satisfaction Registrar will take the necessary action and under section 17 that LLP needs to change the existing name of the LLP within the prescribed time line specified under section 17 of Limited Liability Partnership Act, 2008 (LLP Act, 2008)