Every LLP is required to have a registered address to receive all the communication from the registrar of LLP, Central or State Government or other authorities. Though the LLP can have various office throughout India or abroad, it shall have only one address marked as registered address of the LLP and the same must be reported and registered with the registrar of LLP.
Any changes in the registered address of LLP must be updated with the registrar. The significance of registered address of LLP can be appreciated by the fact that as per law, the LLP is required to maintain its Books of A/c at the registered address only, further all the minutes’ book of the LLP be also kept and maintained there for eight years. LLP can change its registered address by following due process of law which is typically prescribed in the LLP agreement and in case the agreement is silent on any point then, in that case, the LLP Act may be referred to. To change the registered address within the same ROC can be done easily by filing Form No 15. However, the change of office between one state to another involves taking consent from all creditors, publication of newspaper notice and specific permission on a petition to the regional director of the mca.
Shifting of Registered office within the State
The LLP can change the registered office from one place to another by procedure as laid down in the LLP Agreement. In case the LLP agreement is silent about the process, consent of all partners shall be required for changing the place of registered office to another place and LLP Agreement has to be amended if required to make necessary changes in the agreement. A notice of shifting the office is required to be filed with the Registrar of Companies.
Shifting of Registered office from outside the state
In case of change in place of registered office from one state to another state, the following additional requirements are to be complied with by the LLP in addition to the process of shifting of office within the state:
- If the LLP has secured creditors, consent of such secured creditors shall be obtained and
- The LLP shall publish a general notice giving notice of change of registered office, not less than 21 days before filing the notice with the Registrar, in a daily newspaper published in English and in the regional language of the district where the registered office of the LLP is situated.
Procedure for Shifting LLP Registered Office
- Resolution for Change of Address: All the partners should passed the resolution for change the
- Consent required: If the LLP Registered office shifting from one state to another state the LLP should required consent from secured creditors before any change effects.
- Public Notice: Publish a general notice, not less than 21 days before filing any notice with Registrar, in a daily newspaper published in English and in the principal language of the district in which the registered office of the LLP is situated and circulated in that district giving notice of
change of registered office.
- Filling with ROC: After execution of documents and necessary other compliance, documents need to be filed with Registrar.
- New Address proof
- Utility Bill Not older than 2 months
- Landlord NOC
- Partner Resolution