How to Change Registered office of a Limited Liability Partnership (LLP)
TANUJ CHANDRA SAXENAA | Sep 17, 2021 |
How to Change Registered office of a Limited Liability Partnership (LLP)
REGULATORY PROVISIONS:- Section 13(3) of LLP Act, 2008 and Rule 17 of LLP Rules, 2009
I. CHANGE OF REGISTERED OFFICE WITHIN THE SAME STATE/ WITHIN THE SAME OUTSIDE THE JURISDICTION OF SAME REGISTRAR
1. The partners need to check the LLP agreement, in case it provides for procedure for shifting the registered office of the LLP. In case no procedure is prescribed, obtain consent of all partners regarding change of registered office.
2. Filing of Form- 15 LLP with the Registrar of Companies having respective jurisdiction within 30 days of obtaining consent of all partners along with following attachments:-
3. A supplementary agreement with regard to such change shall be prepared.
4.Filing of Form-3 LLP within 30 days of change of Registered office along with following attachments:-
II. CHANGE OF REGISTERED OFFICE FROM ONE STATE TO ANOTHER
1. The partners need to check the LLP agreement, in case it provides for procedure for shifting the registered office of the LLP. In case no procedure is prescribed, obtain consent of all partners regarding change of registered office.
2. Obtain consent of secured creditors:- Publish a general notice, not less than 21 days before filing any notice with the ROC, in a daily newspaper published in English and in the principal language of the district in which the registered office of LLP is situated and circulating in that district, giving notice of change of registered office;
Filing of Form-15 LLP with the Registrar of Companies having respective jurisdiction within 30 days of obtaining consent of all partners along with following attachments :-
4. A supplementary agreement with regard to such change shall be prepared.
5. Filing of Form- 3 LLP within 30 days of change of Registered office along with following attachments:-
Further, it is important to note that both the forms i.e. Form 15 and Form 3 needs to be separately uploaded and accordingly, Different Challans shall be generated for both the forms.
PRACTICAL ISSUES :-
FREQUENTLY ASKED QUESTIONS (FAQs):
Q.1 What is the post shifting compliances?
Ans: On receipt of approval from respective ROC, LLP shall make changes in all the documents or places where registered office address is mentioned like LLP letterhead, stationery, sign boards, etc.
Q.2 What is the penalty for contravention of the provisions relating to registered office?
Ans: In case of contravention, the Limited Liability Partnership (LLP) and it’s every partner shall be liable with a minimum penalty of Rs. 2,000/- and a maximum penalty of Rs. 25,000/-
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