Change in Registered Office of LLP:-
A Limited Liability Partnership (LLP) is created as per the
LIMITED LIABILITY PARTNERSHIP ACT, 2008. Hence, it must regulate its day to day
affairs according to the LLP Agreement, LLP Act, and the rules and regulations
which are framed thereunder.
As per Section 13 of LLP Act, 2008, every LLP is required to have a registered office where all the notices or communications related to LLP may be received from the Registrar, State or Central Government or any other regulatory authorities. Hence, a registered office is an official address from where the LLP carries on its principal business.
A Registered office can be situated anywhere in India. However,
sometimes it may happen that an LLP wants to shift its registered office from
one place to another. The reason for changing registered office may be due to
managing extra staff and growth of business. In such cases, an LLP can either:
a.
Shift registered office within the
same state and within the jurisdiction of the same registrar, or
b.
Shift registered office within the same
state but from the jurisdiction of one Registrar to another, or
c.
Shift registered office from one
state to another.
Change in address can be done through making an intimation to ROC by filing LLP e-Form 15 and e-Form 3 after taking consent from partners and creditors as required under the law.
Documents Required for Change of LLP Registered Office:-
The following documents must be kept handy as they will be
attached while filing forms to change the registered office:
a.
Proof of address of the new office.
b.
Rent Agreement, if the new office
has been taken on rent.
c.
Duly signed No Objection
Certificate from the owner or the landlord.
Penal Consequences for non-compliance with the Procedural requirement of the Change of the registered office of the LLP:-
If it is found that the LLP does not follow the procedural
requirements of change of the registered office of LLP, then such LLP and its
partners will be penalized with a minimum penalty amounting Rs. 2000
and a maximum penalty of Rs. 25,000.
Also read- Procedure for change in registered office of a LLP within the same state
Section 13 in the LLP act, 2008
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