ABC LLP has its registered office in Kanpur (U.P.). For better administrative convenience, the LLP wants to shift its registered office from Kanpur to NCT of Delhi. Advise the LLP regarding the various formalities which
CS Executive · Setting up of Business Entities and Closure · PYQS · June 2023
ABC LLP has its registered office in Kanpur (U.P.). For better administrative convenience, the LLP wants to shift its registered office from Kanpur to NCT of Delhi. Advise the LLP regarding the various formalities which need to be complied with for shifting its registered office from Kanpur to NCT of Delhi under Limited Liability Partnership Act, 2008.
Answer & Explanation:
The limited liability partnership (LLP) may change its registered office from one place to another by following the procedure as laid down in the limited liability partnership agreement. Where the limited liability partnership agreement does not provide for such procedure, consent of all partners shall be required for changing the place of registered office of limited liability partnership to another place. The following formalities are required to be complied by the LLP firm to change its registered office from one State to another State: Pass resolution for change of address. Consent of secured creditors is required. Publish a general notice, not less than 21 days before filing any notice with Registrar, in a daily newspaper published in English and in the principal language of the district in which the registered office of the LLP is situated and circulated in that district giving notice of change of registered office. Notice of change of place of registered office shall be given to Registrar in Form-15 within 30 days of publishing of general notice as prescribed under Rule 17 of the Limited Liability Partnership Rules, 2009 along with the prescribed fees. Where there is any conviction, ruling, order or judgment of any Court, tribunal or other authority against the limited liability partnership, the particulars of such prosecutions initiated against or show cause notices received by the limited liability partnership for the alleged offences under the Limited Liability Partnership Act, 2008 shall be stated in the notice of change of place of registered office to be filed with the Registrar. Where the change in place of registered office is from one state to another state, the limited liability partnership shall file the notice in Form 15 with the Registrar from where the limited liability partnership proposes to shift its registered office with a copy thereof for the information to the Registrar under whose jurisdiction the registered office is proposed to be shifted. The LLP Form 3 is required to be filed for "Information with regard to limited liability partnership agreement and changes" along with the supplementary agreement as attachment. Accordingly, ABC LLP is advised to follow the abovementioned procedure.
Topics: Limited Liability Partnership (LLP)
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