LLP Agreement Change
Quick Answer
An LLP Agreement Change India is a formal amendment to the Limited Liability Partnership (LLP) agreement to reflect business changes such as a change in name, registered office address, or business objects. Governed by the Limited Liability Partnership Act, 2008, this process requires filing with the Ministry of Corporate Affairs (MCA) to keep your LLP compliant and up-to-date..
LLP Agreement Change — detailed explanation below
Governing Act — LLP Agreement Change India
The LLP Agreement Change India is governed by the Limited Liability Partnership Act, 2008, specifically Section 23 (Change in name) and Section 25 (Change in registered office). The LLP Agreement itself is defined under Section 2(o) and any amendment must be filed with the Registrar of Companies (ROC) under Rule 15 of the LLP Rules, 2009.
Government Department & Website for LLP Agreement Change India
The Ministry of Corporate Affairs (MCA) is the governing body. All filings for an LLP Agreement Change India are done online through the MCA portal at www.mca.gov.in. The specific form for filing changes is Form 3 (for change in LLP agreement) and Form 4 (for change in partners or designated partners).
LLP Agreement Change India Application Process
The process for an LLP Agreement Change India involves: (1) Passing a resolution by the partners to approve the change; (2) Drafting the supplementary LLP agreement reflecting the changes; (3) Filing Form 3 with the ROC within 30 days of the change; (4) Paying the prescribed fee; (5) Obtaining the updated Certificate of Incorporation (if name change) or updated LLP agreement. For business changes like object or address, the process is similar.
Key Forms Required for LLP Agreement Change India
The key forms for an LLP Agreement Change India are:
- Form 3: For change in LLP agreement (including name, object, or address change)
- Form 4: For change in partners or designated partners (if applicable)
- Form 12: For change in registered office address (if shifting within same city)
- Form 15: For change in registered office address (if shifting to different city) All forms are filed electronically on the MCA portal.
Eligibility Criteria for LLP Agreement Change India
Any registered LLP in India can apply for an LLP Agreement Change India. The change must be approved by a majority of partners (or as specified in the LLP agreement). There is no restriction on the number of changes, but each change must be filed separately. The LLP must be active and compliant with annual filings.
Timeline for LLP Agreement Change India
The timeline for an LLP Agreement Change India depends on the type of change. Name changes require prior approval from the ROC (Form 1), which may take a few weeks. Other changes (address, object) are processed upon filing Form 3. The MCA typically processes filings within 7-15 working days if documents are in order. No specific time estimate can be given as it varies by case.
Fees for LLP Agreement Change India
The government fees for an LLP Agreement Change India are as per the LLP Rules, 2009. Below is the fee structure for Form 3:
| Contribution (in INR) | Fee (in INR) |
|---|---|
| Up to 1,00,000 | 50 |
| 1,00,001 to 5,00,000 | 100 |
| 5,00,001 to 10,00,000 | 150 |
| Above 10,00,000 | 200 |
Additional fees may apply for name change (Form 1) or late filing. Professional charges vary and are not included here.
Frequently Asked Questions
What is an LLP Agreement Change India?
An LLP Agreement Change India is a formal amendment to the Limited Liability Partnership agreement to reflect business changes such as name, registered office address, or business objects. It is governed by the LLP Act, 2008 and requires filing with the MCA.
How to file an LLP Agreement Change India for business changes?
To file an LLP Agreement Change India for business changes, pass a partner resolution, draft a supplementary agreement, and file Form 3 with the ROC within 30 days of the change. The process is done online on the MCA portal.
What are the fees for LLP Agreement Change India?
The government fee for LLP Agreement Change India via Form 3 ranges from INR 50 to INR 200 based on the contribution amount. Additional fees apply for name change or late filing. Professional charges are extra.
What documents are required for LLP Agreement Change India?
Documents required for LLP Agreement Change India include the original LLP agreement, board resolution, supplementary agreement, and proof of the change (e.g., new address proof for address change). All documents must be digitally signed.
How long does an LLP Agreement Change India take?
The processing time for an LLP Agreement Change India varies. Name changes require prior approval and may take a few weeks. Other changes are processed within 7-15 working days after filing Form 3. No exact timeline can be guaranteed.
Can I change the business object of my LLP through LLP Agreement Change India?
Yes, you can change the business object of your LLP through an LLP Agreement Change India. This requires a partner resolution and filing Form 3 with the ROC. The new object must be lawful and within the LLP's scope.
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