What can be done if the name of an LLP and its business operation needs to be changed BEFORE filing the LLP Agreement (form-3) with the ROC (i.e. within the time of 30 days of filing form-2 )?
Hem Shah (CS Trainee) (33 Points)
04 November 2016What can be done if the name of an LLP and its business operation needs to be changed BEFORE filing the LLP Agreement (form-3) with the ROC (i.e. within the time of 30 days of filing form-2 )?
Pratik Shah
(Practising Company Secretary)
(4432 Points)
Replied 04 November 2016
I guess, it is not possible. You need to first file Form 3 for Intiial LLP Agreement. Then only you will be able to do it.
Hem Shah
(CS Trainee)
(33 Points)
Replied 05 November 2016
So, I am guessing, we will first have to file form-3 (Initial Agreement) followed by request for change of name (form-1 and form-4), followed by filing for changes in LLP agreement.
Or is there a shorter and speedier process?
What if the LLP agreement is not filed at all? will it render the incorporation void?
Pratik Shah
(Practising Company Secretary)
(4432 Points)
Replied 05 November 2016
If you do not file Form 3 for initial agreement, then, as far as I know, MCA system won't allow you to file other forms. However, it does not invalidate incorporation.
For change in name procedure, plz refer LLP rules. I guess Form 4 is not required for change in name and object.
Hem Shah
(CS Trainee)
(33 Points)
Replied 08 November 2016
You are correct sir, Form-5 is to be filed for change of name, not Form-4.
Will do the needful.
Many thanks for your guidance, appreciate it.
Namaste,
Hem Shah
GSTR 9 and 9C for FY 23-24 as amended by Notification 12/2024 dated 10th July 2024(with recording)
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