LLP can change its name with consent of partners in accordance with Section 19 of the Limited Liability Partnership Act, 2008 read with Rule 20 (2) of Limited Liability Partnership Rules, 2009. This article provides detailed guidance on filling MCA LLP Form 5 for changing the name of an LLP.
What is MCA LLP 5 Form?
MCA LLP 5 Form is required to be filed for changing the name of the Limited Liability Partnership. There might be various reasons for name changing like branding, merger, change in business object and others. Beneath LLP Act 2008 the Central Government could issue an order for LLP name revision. Through the use of the DSC of the designated partner Form 5 is required to be furnished online.
Parts of Name Change LLP Form 5
On the MCA site, the LLP Form 5 is available. It poses the mentioned below content.
- LLP Registration number
- Address of LLP
- SRN Number of RUN Form
- Reason For LLP Name Change
- Date of the consent of partners
- LLP name change due to agreement/consent of partners / Central Government order
- SRN of Form 3 (in case change of name is due to change in the business of LLP)
- DPIN of Signing Partner
- Attachments
- Certification from Professional
RUN Form SRN For MCA LLP Form 5
RUN (Reserve Unique Name) is the form for generating the application for the limited liability partnership name reservation. In RUN Form LLP could reserve up to two needed proposed names of LLP. There is no need for DSC (Digital Signature Certificate) towards furnishing the RUN Form. Once the RUN form is approved, the firm shall get the SRN number. The same SRN number is needed to be written in the LLP Form 5. The Form shall auto prefill and load the name that is being approved by MCA.
Required Documents for MCA LLP 5 Form
The LLP name amendment notice Form 5 is needed to get furnished with the mentioned list of documents.
- The copy of the minutes of the decisions/ resolution/consent of partners.
- The extracts of the related provision of the LLP agreement if any.
- The central government or registrar order if any.
- The additional optional attachment.
DSC Certificate for the Partner
The Limited Liability Partnership is required to issue a resolution authorizing authorizing one of the partners to act on behalf of LLP towards LLP name change. The Digital Signature of the Designated partner is mandatory for filing Form 5. Mention DPIN Number and affix DSC of Partner.
MCA LLP 5 Form Certification
The same is certified that I have validated the mentioned above particulars which includes an attachment(s) from the books and records of __ and is found them correct. I moreover certify that all the needed attachments have been attached to the same form. *MCA LLP Form 5 is to be digitally certified from Practicing CA / CS / CMA.
Online Process to Change LLP Name Via MCA Form 5
Initial Submission:
Step 1: Open MCA V3 homepage
Step 2: Login to the MCA portal with genuine credentials
Step 3: Click “MCA services” and then choose “LLP E-Filing”
Step 4: Select “Form 5 Notice for change of name”
Step 5: Input LLP Information
Step 6: Complete the application
Step 7: Click on submit form after successful save at each step.
Step 8: SRN is generated upon submitting the form. (The SRN can be operated by the user for any forthcoming resemblance with MCA.)
Step 9: Download the webform and affix DSC.
Step 10: Upload the DSC affixed pdf document to MCA V3 portal
Step 11: Pay Fees (In point the user does not modify or successfully upload the DSC affixed PDF within 15 days of SRN generation and complete the payment within 7 days of successful upload of DSC affixed document or due date of filing of the form + 2 days, whichever is earlier, the SRN will be revoked/ cancelled.)
Step 12: Download the paid Challan/ Acknowledgement.
Read Also: Simple Guide to Form LLP 8 Filing with Due Date & Penalty
Resubmission:
Step 1: Go to the MCA homepage
Step 2: Log in to the MCA portal with valid credentials
Step 3: Proceed the application history via My Application user dashboard
Step 4: Choose Form 5 application with status as ‘Resubmission required’
Step 5: Fill up the application
Step 6: Save the webform as a draft (optional)
Step 7: Submit the webform
Step 8: SRN is updated
Step 9: Affix the DSC
Step 10: Upload the DSC affixed PDF document on the MCA portal
Step 11: Resubmission of webform (towards the case when the user does not finish the re-submission of the form and upload the DSC affixed PDF document within 24 hours of the SRN update, an SMS and email reminder would be sent to the user daily for 30 days OR till the submission of this)
Step 12: Acknowledgement would be generated