CHANGE OFFICE ADDRESS IN LLP
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The LLP has the right to shift its registered office address from one place to another like one city to another city or one state to another state, there is no restriction. File Application For LLP Address Change With ROC
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LLP Office Address Change
The address is very important for any business entity, it is a place where the office of the entity is situated. At the time of company registration or limited liability partnership registration details of the registered office address should be provided to the MCA (Ministry Of Corporate Affairs), without the registered office address the company or LLP cannot get registered. The registered office address is a place where all the communication shall be made with the LLP apart from this all the documents, records or notices shall be received and kept at this place only. If the ROC has to make any communication like sending any documents or notice or order then it will be sent to the registered office address of the LLP. The LLP can be registered in any part of India, the registered office of LLP also decided the value of the stamp paper for notarizing the LLP agreement. The LLP is governed by the Central Government via the Registrar of Companies and that is why it can have multiple branch office all over India without any other certificate of incorporation.
The LLP has the right to shift its registered office address from one place to another like one city to another city or one state to another state, there is no restriction in that. For shifting the office address there are certain LLP rules and procedures which the LLP has to follow, before moving from one place to another the approval of ROC is important as well as the consent of the partner must be there. The procedure of address change depends upon the new address whether it is under the same state or a different state.
Process To Change LLP Office Address
CHANGE OF LLP OFFICE ADDRESS WITHIN THE SAME STATE
- The clause for office change should be mentioned in the LLP agreement, if it is not mentioned in the agreement then it should be altered with the consent of the existing partners in the meeting.
- The consent of the partners is also required for shifting the registered office within a state. The consent should be in the form of resolution and it should be on the letterhead of the LLP
- After passing the resolution a form-15 shall be submitted within 30 days from passing the resolution for shifting the registered office address along with new office address proof, utility bill and NOC from the owner of the address and fees for the approval of the registrar.
- Execute the supplementary LLP agreement on Rs. 100/- stamp paper for shifting the office address.
- File form-3 for the approval of supplementary LLP agreement to the Registrar of Companies.
- Once the approval is received from the registrar the procedure for shifting office shall be completed.
CHANGE OF LLP OFFICE ADDRESS FROM ONE STATE TO ANOTHER
- The provision and power for shifting the office address should be mentioned in the LLP agreement. If the power for the same is not provided in the agreement then first alter the agreement and insert the provision for shifting the address with the consent of the partners
- Hold the meeting of the partners and pass the resolution for shifting the office address from one state to another
- Take the consent from the creditor for shifting the office address and it should be in written form.
- Execution of supplementary LLP agreement on Rs. 100/- stamp paper for shifting the office address from one state to another
- Publish the notice regarding the address change in newspaper one in English newspaper in English language and one in the local newspaper in vernacular language. It should be published at least 21 days before applying for the Registrar
- File form-15 for intimating the Registrar for shifting the office address from one state to another within 30 days along with the new address proof, utility bill, NOC, consent letter of the creditors and partners
- File form-3 for the approval of supplementary LLP agreement to the Registrar
- If the registrar is satisfied with the application for shifting the office then the registrar will approve the application. Once the approval is received by the registrar then the LLP has to make all the relevant changes in LLP like signboard, letterhead, documents, etc. wherever it is required.
Documents Required For LLP Office Change
- Consent of partners in the form of resolution
- List of creditors along with their consent for shifting the office address, where the office is moving from one state to another
- New registered office address proof:
- Sale deed if the property is owned
- Rent agreement if the property is rented
- Utility bill (electricity bill/mobile bill/telephone bill/ gas bill) anyone, but it should not be older than 2 months
- NOC from the person whose name is mentioned in the bill.
- Copy of newspaper advertisement if the new address is located in any other state
- LLP agreement
- Supplementary LLP agreement
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Frequently Asked Questions
Yes, without the approval of the Registrar the procedure for shifting the office address will not get completed and the same will not be updated on the MCA database.
The registered office address of the LLP is a place where all the communication shall be made apart from this all the documents shall be kept in that place and the registered office address shall be mentioned in all the documents, records, signboard, letterhead and other required documents of the LLP.
No, the LLP cannot have its registered office address outside India. The LLP can have its registered office address in any part of India including Jammu & Kashmir. But the LLP can open its lesion office or branch office outside India by following the procedure of Indian law as well as that country’s law.
Yes, within 30 days from the date of passing the resolution for office change all the forms shall be filed to the Registrar for approval.
If the LLP does not have any creditors then which documents are needed to be submitted in place of the creditor’s consent?
If the LLP does not have any creditor then a declaration on the letterhead of the LLP shall be signed and filed by the designated partner to the ROC in which it is written that the LLP does not have any creditors.
Yes, all the forms shall be filed within the prescribed time limit if it is found that the LLP and its partner did not follow the procedure laid down for shifting the address then the LLP and its partner has to pay a minimum fine of Rs. 2000/- which can be extended to Rs. 25000/-
After receiving the approval from the registrar for shifting the office address the LLP has to change its letterhead, all the stationery, documents, agreements, signboard and all other relevant areas where the changes are required.
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