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CA Intermediate · Corporate and Other Laws · The Limited Liability Partnership Act, 2008

Lotus Biotech LLP, Hyderabad, wishes to change the name under which it is registered. The partners have agreed on a new name and Rohini, a designated partner, is preparing the filing. Which statement correctly describes the procedure under the LLP Act, 2008 and the rules?

An LLP may change its name with partners' approval per the LLP agreement by reserving the new name and filing notice with the Registrar, who issues a fresh certificate. NCLT approval is not needed for a voluntary change, and informing only tax authorities does not satisfy the law.

  1. AThe LLP may change its name only by obtaining an order from the National Company Law Tribunal
  2. BThe LLP may change its name with the consent of partners as per the LLP agreement, after reserving the new name and filing notice with the Registrar, who issues a fresh certificate of registrationCorrect
  3. CThe LLP cannot change its name once incorporated
  4. DThe LLP may change its name by merely informing the Income-tax department, without any filing with the Registrar

Explanation

An LLP may change its name with the approval of partners in accordance with the LLP agreement. The new name must be reserved and available, and a notice of change must be filed with the Registrar, who then issues a fresh certificate of registration. No NCLT order is required for a voluntary change, and informing the tax department alone is insufficient.

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