LLP Name Change

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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.

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Overview - LLP Name Change

Promoters of LLP some time may consider name change to depict better position in the business environment. In some cases, name change in inevitable to reflect the changed activity of LLP. But LLP can only change name by following procedure set out in LLP regulations and LLP Agreement.

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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.

Overview

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.

Process of LLP Name Change:

  • Apply for availing the new name and obtain approval from the Registrar
  • Complete the procedures for name change as per LLP Agreement. Usually LLP agreement provides for consent of partners either at their meeting or for written consent without meetings.
  • File necessary documents with Registrar and get name changed

The philosophy behind name guidelines in nutshell are as given below

The LLP Name SHOULD

  • Be unique
  • Contain a noun and an activity word that reflects its objectives
  • Be in line with LLP Name Guidelines issued by Ministry of Corporate Affairs.

The LLP Name SHOULD NOT

  • Be same, similar, identical or resembling to the name of an existing Company or LLP registered. Phonetically similar names also to be avoided.
  • Be similar of a registered trade mark or a trade mark for which an application has already been filed
  • Be Offensive
  • Be Undesirable in the opinion of the Central Government (Undesirability of names explained separately

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LLP Name Change - Requirements


Partners Meeting

Name Application

Amend LLP Agreement

Filing with Registrar of Companies

Steps - LLP Name Change


Name Check Avalibility

Name 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 Consent

Usually 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 Agreement

Since, 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 Registrar

After 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 etc

After approval of new name by ROC, LLP shall intimate name change to Banks and other authorities to effect change in respective records.

Documents Required


Documents for LLP Name Change

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.

List of Documents

  1. LLP Agreement
  2. Partners Consent or Resolution
  3. Amended LLP Agreement Stamped


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Faq - LLP Name Change


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.

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