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

Vivek LLP, registered in Pune, has four partners. Its registered office address changes from Pune to Nashik, within the same State and the same Registrar's jurisdiction. Which course of action is correct under the LLP Act, 2008 and the LLP Rules?

The LLP must file a notice of change of registered office with the Registrar in the prescribed form within the prescribed time. No winding up or fresh registration is required, and no Central Government approval is needed for a shift within the same State. Internal change alone is not enough.

  1. ANo filing is needed because change of registered office within the same city or State is purely internal
  2. BShift requires approval of the Central Government only
  3. CNotice of change of registered office must be filed with the Registrar within the prescribed time, in the prescribed form, after which the change takes effect for the LLP's recordsCorrect
  4. DThe LLP must first be wound up and re-registered at the new address

Explanation

An LLP may change its registered office, and notice of the change must be given to the Registrar in the prescribed form within the prescribed time (15 days under the LLP Rules). It need not be wound up or re-registered, and approval from the Central Government is not needed for a change within the same State. Option A is wrong because intimation to the Registrar is still mandatory.

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