Applicable Section and Rules:- Section 13 of LLP Act, 2008 and Rule 17 of LLP Rules, 2009.
Types of Shifting of Registered office of LLP: Registered office of the LLP can be shifted in 3 ways
- shifting of Registered office within the same state and within the jurisdiction of same Registrar
- shifting of Registered office within the same state from the jurisdiction of one Registrar to another Registrar
- shifting of Registered office form one state to another state
Checklist of Shifting of Registered Office within the same state and within the jurisdiction of same Registrar
- Check Provisions of LLP Agreement: The first step for shifting of registered office of LLP is to check whether LLP agreement contains provision for the same.
- Resolution for Shifting of Registered office address: If LLP agreement does not provide provision for shifting of registered office address then consent of all partners needs to be taken.
- Form to be Filed: Form- 15 to be filed with Registrar within 30 days of resolution passed.
- Execute Supplementary Agreement: LLP shall file Form 3 within 30 days from the change in Registered office address.
Checklist of shifting of Registered office within the same state from the jurisdiction of one Registrar to another Registrar
- Check Provisions of LLP Agreement: The first step for shifting of registered office of LLP is to check whether LLP agreement contains provision for the same.
- Resolution for Shifting of Registered office address: If LLP agreement does not provide provision for shifting of registered office address then consent of all partners needs to be taken.
- Form to be Filed: Form- 15 to be filed with Registrar within 30 days of resolution passed.
- Execute Supplementary Agreement: LLP shall file Form 3 within 30 days from the change in Registered office address.
Checklist of shifting of Registered office form one state to another state
- Check Provisions of LLP Agreement: The first step for shifting of registered office of LLP is to check whether LLP agreement contains provision for the same.
- Resolution for Shifting of Registered office address: If LLP agreement does not provide provision for shifting of registered office address then consent of all partners needs to be taken.
- Consent of Secured Creditors: Required, if LLP having secured creditors.
- Public Notice: The limited liability partnership shall 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 limited liability partnership is situated.
- Form to be Filed: Form- 15 to be filed with Registrar within 30 days of publication of public notice.
- Execute Supplementary Agreement: LLP shall file Form 3 within 30 days from the change in Registered office address.
Contributors: Shubham Verma, Shipra Walia