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Which changes to an LLP agreement are filed in Form 3?

By CS Shweta Sharma Updated

Which changes to an LLP agreement are filed in Form 3?

A change in the LLP agreement is filed in Form 3 within 30 days of the change. The same form is not the notice of a partner joining or leaving, of a new name, or of a new registered office. Those are Form 4, Form 5, and Form 15.

No. Appointment or cessation of a partner is Form 4, within 30 days. If the agreement also changes, that change is Form 3, also within 30 days.

What goes in Form 3?

Form 3 carries the agreement, or the supplementary agreement that changes it. That includes a change in the business, in the profit-sharing ratio, in the partners’ mutual rights and duties, in the management, or in the duration of the LLP. The partners decide the change in the way the existing agreement requires. The filing is within 30 days. The original filing, made within 30 days of incorporation, is the same form, and it is explained on the Form 3 page.

Which changes use a different form?

A change in the agreement, and the changes that are not Form 3
Change Form When
The agreement itself Form 3 30 days
A partner appointed or ceasing Form 4 30 days
The name Form 5 With the name filing
The registered office Form 15 The office notice

Admitting a partner usually changes the agreement as well. The appointment is still Form 4. The agreement is still Form 3. Waiting for one annual form does not cover either. The name filing is on the name page.

What applies if the agreement is silent?

Where the agreement does not provide for a matter, the First Schedule of the LLP Act applies. Filing Form 3 does not replace that Schedule for a point the partners have left blank. Stamp on the supplementary agreement is charged by the state. This page does not set the rate, and it does not treat witnesses as a filing of their own. Closing the LLP is a different process from amending the agreement. How the LLP was registered is on the LLP page.

Frequently asked questions

Four questions cover a new partner, the office, GST, and stamp.

Is a new partner filed only in Form 3?

No. Appointment or cessation of a partner is Form 4, within 30 days. If the agreement also changes, that change is Form 3, also within 30 days. One form does not replace the other.

Is a new office filed in Form 3?

No. A change of registered office is Form 15.

Is Form 3 a GST return?

No. Form 3 is the notice of the LLP agreement, or of a change in it, filed with the Registrar. It is not a goods and services tax return.

Does this page set the stamp?

No. Stamp on the agreement is a state charge. The rate is not set here.

Sources

The agreement, and a change in it, is filed under the Limited Liability Partnership Act, 2008. Form 3 is that filing. Form 4, Form 5, and Form 15 are the other notices.

  1. When LLP Form 3 is filed
  2. How an LLP changes its name
  3. Limited liability partnership registration