“Provided that in case of incorporation, the individual who has given his consent to act as Partner or designated Partner shall file consent in Form 2 along with fee as mentioned in Annexure A”

Form 4 shall be filled only for any change in the constitution of Partners (any addition, removal or change in the designation of the Partner) once the LLP is incorporated.

The following proviso has been inserted in clause (ix) sub-rule 2 of rule 18 of the existing Limited Liability Rules, 2009

“Provided the name shall be reserved, in case “No Objection Certificate” is granted by the registered Limited Liability Partnership or the Company as the case may be”.

Earlier clause ix rule 18 of the Limited Liability Partnership Rules 2009

“A name shall not be generally reserved it is different from the name or names of the existing limited liability partnership only to the extent of having the name of a place within brackets before the word limited liability partnership, for example, Indian Press (Delhi) LLP should not be allowed in view of the existence of the LLP named Indian Press LLP”.

For example: The name Indian Press (Delhi) LLP can be reserved even if Indian Press LLP already exists provided that No Objection Certificate has been taken from Indian Press LLP.

“The name shall not be reserved it includes words like Bank, Insurance and Banking, Venture Capital mutual fund or business activity includes the word like Bank, Insurance and Banking, Venture Capital mutual fund or such similar names without the approval of regulatory authority.

Provided that the approval of regulatory authority shall be obtained at the time of application for incorporation or change of name of an existing Limited Liability Partnership, as the case may be”.

Such approval of regulatory authority shall also be required in case of change of name and the approval shall be obtained at time of filling of name application, and shall be annexed along with e-Form 1.

“Provided thats the approval of the council governing the profession shall be obtained at the time of application for incorporation or change of name of an existing Limited Liability Partnership, as the case may be”

Earlier clause 18(2)(xvi) of the Limited Liability Partnership Rules 2009 ,

“The proposed name of limited liability partnership includes the words company secretary, chartered accountant, advocates or such similar words as indicative of a profession, as part of the proposed name, the same shall be allowed only after obtaining approval from the Council governing such profession or such authority as may be nominated by the Central Government, in this behalf”

Such approval of the council of the governing profession shall also be required in case of change of name, where by such change the words company secretary, chartered accountant, advocates or such similar words as indicative of a profession have been included in the name of existing LLP. The approval shall be obtained at time of filling of name application, and shall be annexed along with e-Form 1.

“For Filing, Registering or recording notice of appointment, cessation, change in name, address, designation of a partner or designated partner, intimation of Designated Partner Identification Number and consent to become a designated partner or designated Partner in form 4 Rs.- 50”

“An application for striking off name of defunct Limited Liability Partnership under Rule 37”

Fess for filling of application of for striking off name of defunct Limited Liability Partnership has been prescribed as Rs. 500, irrespective of Capital Contribution.

Since the LLP system has been integrated with MCA system, all the existing e-forms has been substituted with new e-forms with certain changes.
Major changes in the new forms are

• Application for reservation of name of LLP is now to be filed with applicants DPIN/ DIN, while earlier; it can be applied with PAN or Passport Number also.

• In order to ease the incorporation process, the partners/ Designated Partners are now required to file the Consent to act as Designated Partner/ Partner in Form 2 (Addendum) instead of filing Form 4 separately.
• In case of conversion from Company to LLP, a separate head has been added for providing the Paid up Share Capital along with the number of shares held by the proposed partner/designate partner in the Company.

• For filing changes in LLP Agreement, one more criteria has been added i.e. Change in Partners in addition to other specified criteria of Change in Business Activities, Change in Partners contribution and % of Profit sharing etc.

• Now Form 4 will be filled only at the time of any change in the constitution of Partner/ Designated Partner or any change in the information pertaining to Partner/Designated Partner. As required earlier the form shall not be filled at the time of incorporation of LLP.

• Disclosures under Micro, Small and Medium Enterprises Development Act, 2006 has been made a mandatorily attachment in Form 8.
• Like Companies, now the LLP needs to provide particulars for creation or modification or satisfaction of charges in appendix to Form 8, Statement of Account and Solvency. However LLP Act 2008 is silent about the registration of any Charge with the Registrar of LLP. Moreover the time period for filling of such form has not been specified.

• To clarify the difference of the total Partners obligation for the Capital Contribution and the Contribution actually inserted by the Partners at the end of financial any year two specific columns has been added in the Form 11 to differentiate between both the amounts.
• The information pertaining to particulars of addresses and other details of partners/designated Partners required to be filed as an addendum along with Form 11 has now been dispensed off.

• Form for intimating address other than the registered office for service of documents, shall now be certified by Practicing Professionals (CS/CA/CWA) .

• For application and statement for the conversion of a firm into LLP, only secured creditors consent is required instead of consent of all the creditors.

• To streamline the provision of the LLP Act 2008, with the form, which states that no security interest shall be subsisting in the assets of the Company at the time of application, the consent of secured creditors for conversion has now been replaced with the consent from unsecured creditors.

• Now at the time of filling of striking off application copy of statement of assets and liabilities duly certified by auditor/Chartered Accountant in Practice to be annexed along with e-Form 24, earlier the Statement was not required to be certified.
• The time edge of Statement of assets and liabilities of being not earlier than 30 days of filling of Striking off application has been dispensed with in the new Form.