SAS & Associates | LLP Law Advisory in Delhi

LLP

1. The proposed designated partner shall apply for a DSC*.
2. Apply for DIN Number- after the DSC, the Director Identification Number of the Director will be applied in the form DIR – 3** along with the address proof and the identity proof of the applicant.
3. Once the DIN is allotted to the designated partner, all the existing partners of the LLP will call a meeting and pass a resolution to add a designated partner in the partnership deed.
4. A supplementary partnership deed will be drafted in which the new partner’s name will be added.
5. Then the consent of the incoming partner will be taken in writing.
6. After these documents are prepared, Form – 4 of LLP will be filed within 30 days of the appointment.
7. After filing this form, FORM – 3 will be filed, along with the supplementary and the original partnership deed within 30 days of appointment.
8. After the filing of all these forms, the name of the designated partner will be added and will be seen on the site if the Ministry of Corporate Affairs.

There are two types of contribution by partner in LLP.

(a) Increase the total capital contribution of an LLP.
1. Obtain consent of all the partners by holding a meeting and passing a resolution effecting the additional requirement of capital in LLP by partners.
2. Prepare a supplementary LLP Agreement and include the change regarding the change in Capital of LLP
3. Further, file Form-3 (Information with regard to the LLP Agreement) along with the prescribed fee with the ROC

(b) Raise funds from partners and treated as loan from partners in the hands of LLP.
1. Obtain consent of all the partners by holding a meeting and passing a resolution effecting the raise funds from partners treated as loan in hands of LLP.
2. Prepare a supplementary LLP Agreement and include the change regarding the change in of loan of LLP
3. Further, file Form-3 (Information with regard to the LLP Agreement) along with the prescribed fee with the ROC

1. All the existing partners of the LLP will call a meeting and pass a resolution to modification in the LLP agreement.
2. A supplementary partnership deed will be drafted in which the changes be added.
3. FORM – 3 will be filed, along with the supplementary and the original partnership deed within 30 days of modification in the LLP agreement.

1. Obtain consent of all the partners by holding a meeting and passing a resolution effecting the change in name of LLP
2. File form RUN for getting new name of LLP (The name approved shall be available for adoption for a period of 3 months)
3. Prepare a supplementary LLP Agreement and include the change regarding the change in name of LLP
4. Inform Registrar of Companies by filing Form-5 (Notice of Change in name of LLP) within 30 days of when name approved
5. Further, file Form-3 (Information with regard to the LLP Agreement) along with the prescribed fee with the ROC
6. Once the approval is received from the ROC by filing the above forms, make all necessary changes in documents, stationery, signboards, letterheads and places where the LLP name is mentioned

(a) Change of Registered Office of LLP within the same state.
1. Obtain consent of all the partners by holding a meeting and passing a resolution effecting the change in registered office of LLP within the same state.
2. Prepare a supplementary LLP Agreement and include the change regarding the change in registered office of LLP
3. Inform Registrar of Companies by filing Form-15 (Notice of Change of place of registered address) within 30 days of shifting the registered office.
4. Further, file Form-3 (Information with regard to the LLP Agreement) along with the prescribed fee with the ROC
5. Once the approval is received from the ROC by filing the above forms, make all necessary changes in documents, stationery, signboards, letterheads and places where the registered office of the LLP is mentioned.

(b) Change of Registered Office Address of LLP from one state to another.
1. Obtain consent of all the partners and secured creditors (if any) by conducting a meeting and passing a resolution
2. Prepare a supplementary LLP Agreement including the information relating to change in registered office.
3. Publish a general notice, at least 21 days before filing any notice with the Registrar, in a daily newspaper which is published in English language and in the principal language of the district in which the registered office of the LLP is situated stating notice of change in registered office of the LLP.
4. Inform Registrar of Companies by filing LLP Form-15 (Notice of Change of place of registered address) within 30 days of shifting the registered office, attaching all the relevant documents.
5. Further, file LLP Form-3 (Information with regard to the LLP Agreement) along with the prescribed fee with the ROC.
6. Once the approval is received from the ROC by filing the above forms, make all necessary changes in documents, stationery, signboards, letterheads and places where the registered office of the LLP is mentioned.

1. All the existing partners of the LLP will call a meeting and pass a resolution to Resignation/removal of partner in the partnership deed.
2. A supplementary partnership deed will be drafted in which the Resignation/removal partner’s name will be deleted.
3. Then the consent of the removal partner will be taken in writing (Resignation Letter) and Proof of acceptance of resignation letter by firm.
4. After these documents are prepared, Form – 4 of LLP will be filed within 30 days of the Resignation/removal.
5. After filing this form, FORM – 3 will be filed, along with the supplementary and the original partnership deed within 30 days of Resignation/removal