During the course of business, LLP may required to change name to depict the new activities adopted by LLP or to reflect the new brand developed in the market. Both the cases, LLP can change name subject to provision of LLP regulations and LLP Agreement.
An LLP can change its name by compliance with LLP rules and provision of LLP Agreement. The first step in the name change process is identifying a suitable unique name and getting it approved by registrar of companies.
While selection new name for the LLP, it is advisable to consider LLP name availability guidelines for avoiding possible rejection in the process of name change.
LLP is an incorporated business entity with all the features of a body corporate. Like a company, LLP can also change name by complying with the procedures in LLP Rules and LLP Agreement. Also, the proposed LLP name should comply with the LLP Name guidelines as prescribed by the MCA.
The philosophy behind name guidelines in nutshell are as given below
Name Check AvalibilityName change process of an LLP start with checking name availability with Registrar. With the consent of partners with required majority LLP can apply for name check in MCA portal.
Partners ConsentUsually LLP decisions are taken by partners subject to provisions in the LLP Agreement. After approval of name, Partners can take appropriate decision by written consent or resolution at partners meeting.
LLP Amendment AgreementSince, name change amount to change in the name appearing in LLP Agreement, an amendment agreement shall be adopted by partners of LLP making necessary changes in the LLP agreement.
Filing with RegistrarAfter completion of documentation for name change, the final step is filing respective Forms with MCA (Form 15 & Form 3). If all informations are in order, ROC Register and issue a certificate to this effect.
Intimation to Bank etcAfter approval of new name by ROC, LLP shall intimate name change to Banks and other authorities to effect change in respective records.
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Unlike company, LLP is a self regulated business structure with limited external legal control. LLP agreement is the primary document to be verified before starting the process.
Partners Consent or Resolution
Amended LLP Agreement Stamped
How it works
Amend LLP Agreement
Filing with Registrar of Companies
LLP intent to change name shall make an application to respective Registrar of Companies, with some name suggestions.
No, approval of name is subject to LLP rules. The basic criteria is similar LLP or Company the the proposed name.
You can get trademark name as LLP name. But if someone has already registered with trademarked name, then you need to go for application to change name of LLP/Company using your trademarked name.
It all depend on the name proposed and completion of documentation. Usually it may take 2 to 3 weeks time.
As per the LLP Name guidelines, the proposed name of the LLP shall be unique. The proposed name must comply with the LLP name guidelines as prescribed by MCA. You can verify the names at Name Availability Check
The Registrar of Companies in the respective state has the authority to approve of name change. Please note that before filing for name change, one must ensure that LLP has filed all due return including annual return and accounts, etc.
LLP can change its name as per the decision process provided in the LLP agreement. In the absence of such provision in the LLP agreement, name change requires consent from all partners.
If your trademark is registered, you will get priority for getting the registered trademark as your LLP name.
Yes, after approval of name change documents, the Registrar will issue a fresh certificate of incorporation with the changed LLP Name
The LLP Name change takes effect from the date when partners decide for name change. There is no further approval from Registrar. The Registrar issues certificate according to partner's decision.
The LLP shall make changes in the LLP Agreement, LLP company name board, letter head and seals after name change.