LLP agreement is the charter of LLP. It works similar to memorandum of association and articles of association for a company. LLP agreement governs the scope of operations of LLP. LLP agreement lays down the rights, duties and obligations of the partners and the designated partners. An LLP agreement can be changed any time after incorporation with the mutual consent of the partners. To change any of the clauses, a supplementary agreement or deed is to be executed on non judicial stamp paper with appropriate stamp duty. Any change so made should be notified to ROC within 30 days of change or execution of the supplementary agreement
Penalty of Rs. 100 per day is levied for delay in intimating to ROC.
Initial LLP agreement
Supplementary LLP agreement
Resolution/consent of partners for proposed change
DSC of one of the authorized partner
Certificate of Incorporation
PAN card of LLP
Affidavit or proof of change of name
If the partner or designated partner is a company, copy of resolution of the company to become partner in LLP
Evidence of cessation of partnership- for form-4 where there is any retirement or death of partner
Pass a resolution of partners agreeing to revise the LLP agreement
Execute the supplementary agreement/deed incorporating the proposed changes in LLP signed by all the partners
Get supplementary agreement notarized from notary public
Fill Form-3 including date of modification and reason of change and other details
Submit Form-3 with ROC within 30 days of the date of execution of supplementary agreemen
Also fill & submit Form-4 if there is change in partner (admission/retirement/death) or designated partner
Drafting of supplementary deed
Execution of Form-3
Execution of Form-4
Changes in LLP agreement is necessitated in the case of happening of following events:-
Yes, it is compulsory to intimate ROC within 30 days of execution of supplementary agreement
Supplementary agreement or deed is required to be filed with ROC within 30 days of the date of its execution or effective date, whichever is earlier
The changes in LLP Agreement shall be effective since the date of execution or effective date, however only after receipt of approval from Registrar for the application made in concerned form
Building professional community with a vision.