Procedure for Change in Address of LLPPosted by Enterslice on January 20th, 2018 All LLP’s is mandatory should have a registered office address for the purpose of receiving all the communication/notices from the registrar of LLP, Central or State Government, Income-tax Department or other authorities. This is the address which is registered by the ROC in their records as the registered office of the LLP. Though LLP can have numerous offices throughout India, it will have only one address marked as registered address of the LLP & the same will be reported & registered with the registrar of LLP. Any modifications in the registered address of LLP will be updated with the registrar.
The implication of registered address of LLP can be valued by the fact that in accordance to the law, the LLP is required to maintain its Books of A/c at the registered address only further all the minute's book of the LLP be also kept & maintained there for a period of 8 years. Further, the jurisdiction of the registrar of LLP is also determined by the situation of LLP. LLP can change its registered address by following due process of law which is normally prescribed in the LLP agreement & in case the agreement is silent on any point then, in that case, the LLP Act may be referred to- Change of registered office address of LLP within the jurisdiction of ROC. Change of registered office from the jurisdiction one registrar to other within the same state. Change of registered office from one state to another state.
The registered address of the Limited Liability Partnership can be modified by the partners, from one city to another or from one address to another address within the jurisdiction of same ROC within the same state, for such purpose below mentioned steps will be required: o Holding of meeting of all partners & passing a resolution for change of Address of LLP with the majority or as defined under LLP agreement. o In the same meeting, one designated partner shall be authorized to file a necessary application for change of Registered address with the registrar & to do any other matter related thereof. o Intimate the registrar of LLP about a change of Registered Address within 30 days of a decision by the partners by filing Form 15 with prescribed fee to the registrar of LLP. o Form 15 approval will be informed by ROC to the applicant by mail & then the master data of the LLP will start reflecting the new address. o ROC will not issue any fresh Certificate towards the change of Address. o Resolution copy approved by the partners, premises proof & a no objection certificate (NOC) from the owner of the premises will also be filed along with Form 15. o Subsequent to change of address, the LLP shall also make changes in all its stationery, letterhead, Invoices, Bill Books, display boards, etc. o The same will be updated in all registration & licenses available by the LLP, Income Tax records by amending PAN and TAN once, the modification of address of LLP is completed. Kindly note the alteration in registered office will effect only after approval of Form 15. After approval, LLP agreement will be amended with situation clause & Form 3 shall be duly filed within 30 days.
For Transfer of registered office from the Jurisdiction of one ROC to another no consent is required from the secured creditors, there is no need to publish any public notice as such. The same procedure shall be adopted by filing form 15 within 30 days of a decision by the partners of LLP. A further change in LLP agreement shall take place as a normal practice.
Partners will meet & analysis the list of secured creditors. Consent from all such creditors shall be obtained for the shifting of registered office from one state to another. Newspaper Notice shall be published in two newspapers, one in English language newspaper & another is the principal/ primary language of the state where ROC is situated, Notice must be published prior to 21 days of filing the intimation to ROC. Within thirty days of such notice, the LLP will file, form 15 will be filed to the ROC intimating ROC with the subsequent attachments after the expiry of 21 days of public notice:- o Consent letter of the auditors (secured) o List of secured creditors. o Copy of resolution passed by LLP with the majority approving such change of address from one state to another state. o Consent of all partners. o Proof of the new registered Address. o NOC from the Owner of the premises.
Thus, to conclude, the registered office of a company or LLP is the principal place of business as all official correspondence from the Ministry of Corporate Affairs is sent to this location & hence, it has its significance. Company or LLP can have registered office at residential address also. Book of Accounts of the Company or LLP must be maintained at the Registered Office of the Company. Like it? Share it! More by this author |
