Business Registrations
LLP Form 3 Filing: Steps to File the LLP Agreement Online
Entrepreneurs often choose the LLP registration structure for its balance of flexibility and protection.
6 min read
Change Your LLP Agreement
The LLP agreement governs the LLP and everything it does, and the partners cannot act beyond the scope it draws. Change it by executing a supplementary deed, and notify the Registrar within 30 days.
- Supplementary deed to the LLP agreement drafted
- Resolutions and the other necessary documents prepared
- Stamp duty paid on the deed
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- LLP Form 3 filed with the MCA
- Typically completed in 12 to 15 working days
- A dedicated relationship manager from start to finish
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Changing an LLP agreement
What the agreement governs, how a change is executed, and why LLPs choose LegalWiz.in to draft the deed.
The LLP agreement is the fundamental document that governs the LLP and its operations as a whole. The partners have to abide by the clauses it lays down and cannot act beyond the scope it draws. It can be changed at any time after incorporation, by the mutual agreement of the partners.
The commonest reasons to change one are a change in activities, in capital, or in the rights and responsibilities of the partners.
Whatever the clause, the change is made by executing a supplementary agreement as an addendum to the original. It is executed on payment of the required stamp duty, and the change has to be notified to the Registrar within 30 days of the change or of the execution of the supplementary deed.
- Changed by
- A supplementary deed
- An addendum to the original
- Approval needed
- All the partners
- By mutual agreement
- Filing window
- 30 days
- From the execution or the effective date, whichever is earlier
- Filed in
- LLP Form 3
- Filed online with the MCA
- Stamp duty
- ₹100 minimum
- More where capital contribution changes
- Notarisation
- State by state
- Mandatory in UP and Delhi
- Turnaround
- 12 to 15 working days
- Subject to government processing
Why LLPs choose LegalWiz.in
- An expert team of qualified CA, CS and lawyers
- A dedicated relationship manager with on-call support
- The entire change is handled online
- Quick turnaround and economical pricing
- Thousands of happy customers across every state in India
- Backed by secure technology
- Exclusive partner offers on web hosting, payment gateways and more
What the service covers
Your relationship manager and the drafting team handle everything below. You supply the documents once and approve the deed before it is executed.
- Discussion and consultancy on the changes required
- Drafting of the necessary resolutions and documents
- Drafting of the supplementary deed to the LLP agreement
- Payment of stamp duty on the deed
- Preparation of the application for the change
- Filing of LLP Form 3 and the necessary documents with the MCA
Government fees are charged at actuals. ₹100 of stamp duty is included in the package; where the change involves a capital contribution, the additional stamp duty is payable separately at the rate the state prescribes.
How the supplementary deed is executed
Drafted, then confirmed
The deed is prepared by the professionals and confirmed by the partners before anything is paid or signed.
Stamp duty is paid
The appropriate stamp duty has to be paid on the agreement, at the rate the state prescribes.
Every partner signs
All the partners and designated partners have to sign, which is what records their approval for the change.
Notarised where required
A notary is not required in every state. Where it is, UP and Delhi among them, it is mandatory.
Reasons to change an LLP agreement
Change the business activity
An LLP cannot undertake activities that are not included in its agreement, so changing what the business does means modifying the agreement first. Activities can be added, a new product line for instance, or removed where they have been discontinued.
Change capital and the profit-sharing ratio
Capital is the most crucial need of a business and usually has to grow with it. The capital-sharing ratio and the profit and loss sharing ratio are interlinked from the partners’ point of view, and changing either or both requires a supplementary deed.
Change the partners’ rights and responsibilities
With the partners and their status left intact, their rights and responsibilities can still be changed to suit their roles. Administrative powers, and restrictions on particular activities, are what such a change usually covers.
Change any other clause
Jurisdiction, the terms of resignation, the notice period, the conditions of appointment and removal, the duration of the partnership and more can all be changed as the partners and the business require. Clauses can be added, altered or deleted.
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Documents required to change the LLP agreement
A short checklist. Everything else is drafted for you.
Digital Signature Certificate
The DSC of one of the authorised partners of the LLP.
LLP agreement
The agreement as it stands, including every amendment made to it so far.
Certificate of Incorporation
The Certificate of Incorporation of the LLP.
PAN card
A copy of the PAN card of the LLP.
Change your agreement in three easy steps
Step 01
Answer a few quick questions
- Spend less than 10 minutes on a simple set of questions
- Tell us which clauses need to change and how
- Pay through a secure payment gateway
Step 02
Our experts take over
- You are assigned a dedicated relationship manager
- The necessary resolutions and documents are drafted
- The supplementary deed is drafted and stamp duty paid on it
- The application is filed with the MCA
Step 03
Your agreement is amended
- The whole process takes 12 to 15 working days
- The change is effective once the Registrar approves the filing
Subject to government processing time.
How long the change takes
Up to fifteen working days. The drafting and the stamp duty take most of the first week; the rest is the Registrar.
Day 1
1 of 15 working days
- Discussion and consultancy on the changes required
- Collection of basic information and documents
Days 2 to 6
5 of 15 working days
- Drafting of the necessary resolutions and documents
- Drafting of the supplementary LLP agreement
- You return the prepared documents after signature
- Payment of stamp duty on the agreement
Days 7 to 8
2 of 15 working days
- Preparation of the application for the change
- Filing of LLP Form 3 and the necessary documents with the MCA
Days 9 to 15
7 of 15 working days
- Government processing time
- Approval of the change by the Registrar
Subject to government processing time. The deed has to be filed within 30 days of its execution or of the effective date, whichever is earlier.
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How is the supplementary agreement executed?
Once the deed has been prepared by the professionals and confirmed by the partners, the appropriate stamp duty is paid on it.
All the partners and designated partners then sign, which records their approval for the change. The deed is notarised where that is required.
How much stamp duty is payable?
It depends on the capital contribution involved in the change, and the rates vary from state to state.
Where the change does not involve any capital contribution, the supplementary deed is executed on payment of ₹100 towards stamp duty, which is included in the package cost. Stamp duty above that is payable separately.
When does the supplementary deed have to be filed?
Once it has been executed by the partners it has to be filed with the MCA for approval.
It is filed within 30 days of the execution or of the effective date, whichever falls earlier.
Does the supplementary deed have to be notarised?
That depends on the state the LLP is in. It is not required in every state.
In some, Uttar Pradesh and Delhi among them, notarisation is mandatory.
When do the changes take effect?
From the date of execution or the effective date, but only after the Registrar has approved the application made in the relevant form.
Can I see the amended LLP agreement on the MCA portal?
No. An LLP agreement is not a public document, so it is not accessible through the portal.
A change of capital or of name is reflected on the portal.
How do I change the business activities through the LLP agreement?
A change of business activity requires the consent of the partners, given by passing a resolution.
That is followed by entering into a supplementary agreement to the LLP agreement.
How do I change the name of the LLP?
A change of name is given effect by executing a supplementary agreement.
An application for the reservation of the name is filed first, and the procedure to change the LLP agreement follows it.
Can a change of partners be made through a change in the LLP agreement?
A change of partners or of their designation does involve changing the LLP agreement, but a different set of steps applies to it.
It is covered by our separate service for adding or removing a partner in an LLP, which is linked below.
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