While registering a Limited Liability Partnership (LLP), the partners need to specify a registered office address. This is important as the registered office of LLP functions as a primary point of contact for all business activities. In this article, we will talk about the registered office of LLP. Also, we will discuss ways in which you can change the place of the registered office.
Registered Office of LLP according to the LLP Act, 2008
According to Section 13 of the Limited Liability Partnership Act, 2008, these are the regulations pertaining to the registered office of LLP:
- Every Limited Liability Partnership must have a registered office. Also, this registered office must receive all communications and notices.
- The registered office will also receive any document served on the LLP or a partner or a designated partner. Further, the sender can send it by post under a certificate of posting. He can also use registered post or any other manner to send the document. Further, such documents must be sent to the registered address or any other address as specified by the LLP for the said purpose.
Documents needed for registering a place as the registered office of LLP
The LLP must submit the following documents to the Registrar of Companies (RoC) to register a place as the registered office of LLP:
- Proof of office address. This includes the lease deed, conveyance or rent agreement in the name of the LLP. Also, the LLP is required to submit a copy of the rent paid receipt that is not older than one month.
- If the LLP does not own the premises, then it needs to submit an authorisation from the owner of the premises. Further, the LLP must attach proof of ownership or occupancy authorisation to allow the LLP to use the premises as its registered office.
- Copy of any utility service in the name of the owner – electricity, telephone, gas, etc. Further, the bill must not be more than 2 months old.
Change of Registered Office of LLP
An LLP can change the place of its registered office. Further, this change can happen within or outside the limits of the current city or town or village. It can also happen from one state to another. Further, the LLP must ensure that it provides notice of the change of registered office to the Registrar of Companies within 30 days of making the change. Also, the LLP must file the amended LLP agreement with the RoC within 30 days of the change.
Change of the registered office to a place within the limits of the same town or city or village (jurisdiction of the same RoC)
The LLP must pass a resolution for the consent of the partners approving the change. Further, it must file the same with the RoC within 30 days of passing of the resolution.
Change of the registered office to a place outside the limits of the town or city or village (jurisdiction of another RoC) but within the limits of the State
The LLP must hold a meeting and take consent from all partners regarding the change. Further, the LLP must authorise a designated partner to file the application for change with the RoC. Also, the LLP is required to inform the RoC about the change within 30 days via Form 15 and the payment of the prescribed fee.
Change of the registered office to another state
The LLP must hold a meeting and take consent from all partners regarding the change. Further, the LLP must seek consent from all creditors. The LLP also needs to publish a notice in two leading newspapers – one in English and one in the primary regional language of the State. It must ensure that the notice is published at least 21 days before filing the intimation with the RoC. Further, the LLP is required to inform the RoC about the change within 30 days via Form 15 and the payment of the prescribed fee. Also, it needs to send a copy of the intimation to the RoC to the RoC of the state where the registered office is being shifted. Incorporate the changes on all items of stationery, letterhead, etc.
Summing Up
Remember, if an LLP contravenes any provision, then it is punished with a fine. Also, every partner of the LLP needs to pay a fine. We hope that this article offered all the information regarding an LLP and the registered office of LLP. For any specific questions, or to explore our services, please get in touch with us.
