Change in LLP Object

• If the partners want to change the business completely.
• In case of partners want to add a new product line in an LLP. Kindly note an LLP can carry on only similar business activities. Hence, if the new product line is not related to an existing business then a new LLP has to be incorporated.
• If an LLP take over a firm which is carrying on different business activities.
• In case the government authorities orders as a result of change in prevailing law.
• Whenever such business activity is prohibited under any law.

PERMISSIBLE BUSINESS ACTIVITY FOR A LLP

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As stated at the beginning, LLP can do any business activity that is legal in India. The permissible activities which require no prior approval include trading, manufacturing, service provider,professional services, etc.However, there are activities that are only allowed after obtaining a prior approval from authorities. These activities include finance, investment, insurance, stock exchange, merchant banker, banking, chit fund, NBFC, etc.

PURPOSE OF THE WEBFORM

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This webform aims to simplify the process of application of change of services related to LLP with the concerned Registrar of Companies (ROC). Following functionalities can be availed by the users through this webform:

• Application for filing information with regard to LLP Agreement.
• Application for filing information with regard to changes in LLP Agreement.

Initial Submission

Option 1

STEP 1: Access MCA homepage

STEP 2: Login to MCA portal with valid credentials1

STEP 3: Select “MCA services” and further select “E-Filling”

STEP 4: Select “LLP Forms Download”

STEP 5: Access “Filling of LLP agreement / Intimation of any change in the agreement”

STEP 6: Enter LLP Information2

STEP 7: Search LLPIN using the search option (optional)3

STEP 8: Select LLPIN form the dropdown option (optional)4

STEP 9: Fill up the application

STEP 10: Proceed to Form 5 (optional)5

STEP 11: Proceed to Form 4 (optional)6

STEP 12: Fill up linked forms (Form 4 and Form 5) as applicable

STEP 13: Save the webform as a draft (optional)7

STEP 14: Submit the webform

STEP 15: SRN is generated upon submission of webform (The SRN can be used by the user for any future correspondence with MCA.)

STEP 16: Affix the DSC

STEP 17: Upload the DSC affixed pdf document on MCA portal

STEP 18: Pay Fees (In case the user does not 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 cancelled.)

STEP 19: Acknowledgement is generated

Option 2

STEP 1: Access MCA homepage

STEP 2: Access LLP form No. 3 through search bar on MCA homepage (website search)8

STEP 3: Login to MCA portal with valid credentials

STEP 4: Enter LLP Information2

STEP 5: Search LLPIN using the search option (optional)3

STEP 6: Select LLPIN form the dropdown option (optional) 4

STEP 7: Fill up the application

STEP 8: Proceed to Form 5 (optional)5

STEP 9: Proceed to Form 4 (optional)6

STEP 10: Fill up linked forms (Form 4 and Form 5) as applicable

STEP 11: Save the webform as a draft (optional) 7

STEP 12: Submit the webform

STEP 13: SRN is generated upon submission of webform (The SRN can be used by the user for any future correspondence with MCA.)

STEP 14: Affix the DSC

STEP 15: Upload the DSC affixed pdf document on MCA portal

STEP 16: Pay Fees (In case the user does not 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 cancelled.)

STEP 17: Acknowledgement is generated

Resubmission

Option 1

STEP 1: Access MCA homepage

STEP 2: Login to MCA portal with valid credentials

STEP 3: Access application history through user dashboard

STEP 4: Select Form 3 application with status as ‘Resubmission required’

STEP 5: Fill up the application

STEP 6: Fill up linked forms (Form 4 and Form 5) as applicable

STEP 7: Save the webform as a draft (optional) 7

STEP 8: Submit the webform

STEP 9: SRN is updated

STEP 10: Affixing of DSC

STEP 11: Upload the DSC affixed pdf document on MCA portal9

STEP 12: Resubmission of webform (In case the user does not complete re-submission of the form and upload the DSC affixed pdf document within 24 hours of the SRN update, a SMS and email reminder will be sent to the user daily for 30 days OR till the time this is submitted, whichever is earlier)

STEP 13: Acknowledgement is generated

Option 2

STEP 1: Click on the link provided in the notification email sent (received for resubmission)

STEP 2: Login to MCA portal with valid credentials

STEP 3: Fill up the application

STEP 4: Fill up linked forms (Form 4 and Form 5) as applicable

STEP 5: Save the webform as a draft (optional) 7

STEP 6: Submit the webform

STEP 7: SRN is updated

STEP 8: Affixing of DSC

STEP 9: Upload the DSC affixed pdf document on MCA portal9

STEP 10: Resubmission of webform (In case the user does not complete re-submission of the form and upload the DSC affixed pdf document within 24 hours of the SRN update, a SMS and email reminder will be sent to the user daily for 30 days OR till the time this is submitted, whichever is earlier)

STEP 11: Acknowledgement is generated

Event Date:

Date of incorporation of LLP at the time of filing of initial LLP agreement OR Date of change in LLP agreement at the time of filing subsequent LLP agreement

Time limit (days) for filing

After 30 days of incorporation of LLP at the time of filing of initial LLP agreement or after 30 days of change in LLP agreement at the time of filing subsequent LLP agreement

Normal Fees in case of filing of forms

Additional Fees in case of delay in filing of forms

• Please read instructions and guidelines carefully before filling online application forms.

• Please attach the required mandatory supporting documents in the specified format only.

• Please ensure that applicant of the webform is registered at MCA portal before filing the webform.

• Please note that the LLP for which the webform is being filed shall be registered with MCA and shall have a valid LLPIN.

• Please ensure that the DSC attached in the webform is associated with the LLP for which the webform is being filed.

• Please ensure that applicant of the webform is registered at MCA portal before filing the webform.

• Please ensure that in case of change in LLP agreement is due to appointment or cessation of Designated Partner(s)/ Partner(s) in the LLP then LLP Form No. 4 should be filed together at the time of filing of LLP Form No. 3 as a linked form.

• Please ensure that in case of change in LLP agreement is due to change of name of LLP then LLP Form No. 5 should be filed together at the time of filing of LLP Form No. 3 as a linked form.

• Please note that the Stamp Duty payable of LLP Agreement is a State subject and same may be paid as per the State Stamp Act. Till the time specific Stamp Duty is prescribed in respective Stamp Act, the Stamp duty on LLP Agreement may be paid as per the stamp duty payable on partnership agreement in view of the Finance Bill, 2009.

• Please ensure that the DSC attached in the webform is registered on MCA portal against the DIN /DPIN/ PAN / Membership number as provided in the form.

• Please note that the signing authority of the webform shall have valid and non-expired/non-revoked DSC or valid DIN/DPIN/PAN.

• Please note that in case of resubmission, original application of the LLP Form No. 3 (along with the linked forms, if applicable) shall be available in the application history of the user and T+30 days (where T is the date of marking the application as ‘Resubmission Required’) should not have elapsed.

• If the space within any of the fields is not sufficient to provide all the information, then additional details can be provided as an optional attachment to the webform.

• Please check for any alerts that are generated using the “Notifications and alerts” function under the ‘My Workspace’ page in the FO user dashboard on the MCA website.

• Please note that filing shall not be allowed in case there is any other LLP Form No. 3 pending for payment of fee or is under processing or already approved in respect of the SRN.

• Please note that in case of changes in LLP Agreement, filing of this form shall not be allowed in case there is any LLP Form No. 4 pending for payment of fee or is under processing in respect of the LLP.

• Please note that LLP Form No. 3 cannot be filed more than once for any LLP in case of FILA (Filing Information with regard to initial LLP Agreement).