How to File LLP Form 4 for Change in Partners

In the life cycle of a Limited Liability Partnership (LLP), changes in partnership are a common occurrence. Partners may join or leave the LLP, or their designated roles may change over time. In India, it's crucial to notify the Registrar of Companies (ROC) about such changes by filing LLP Form 4. This form, also known as the "Notice of Appointment, Cessation, Change in Name/Address/Designation of a Designated Partner or Partner. And Consent to Become a Partner/Designated Partner," serves as an official record of changes in the LLP's partnership. In this guide, we'll walk you through the process of filing Form 4, explaining each step in detail to ensure your LLP remains compliant with the law.

Understanding LLP Form 4

Before we dive into the filing process, let's first understand what Form 4 is and when it needs to be filed.

What is Form 4?

LLP Form 4 is a versatile form used to notify the ROC about various changes related to partners in an LLP. This includes:

1. Appointment of a new partner or designated partner

2. Cessation (removal or resignation) of an existing partner or designated partner

3. Change in the name, address, or designation of a partner or designated partner

4. Consent of a person to become a partner or designated partner

   
   

Essentially, Form 4 keeps the ROC updated about the current composition of your LLP and the roles and responsibilities of each partner.

When to File Form 4?

You need to file Form 4 within 30 days of any of the following events:

1. Appointment of a new partner or designated partner

2. Cessation of an existing partner or designated partner

3. Change in the name, address, or designation of a partner or designated partner

   
   

It's crucial to adhere to this 30-day deadline to avoid any penalties or legal complications for your LLP.

Filing LLP Form 4: Step by Step

Now that we understand the basics of Form 4, let's go through the filing process step by step.

Step 1: Gather Required Documents

Before you start filling out Form 4, collect the following documents:

1. Consent and Signature: Obtain the consent and signature of the partner(s) being appointed or whose details are being changed. For cessation, get the signature of the partner who is leaving.

2. Proof of Address: If you're changing a partner's address, you'll need proof of the new address, such as a utility bill or lease agreement.

3. Digital Signature Certificate (DSC): You'll need a valid DSC of the designated partner who will be signing Form 4 digitally.

   
   

Having these documents ready will make the filing process smoother and faster.

Step 2: Access Form 4 on the MCA Portal

To file Form 4, you need to access the Ministry of Corporate Affairs (MCA) portal. Here's how:

1. Go to the MCA website and click on the "MCA Services" tab.

2. Under "LLP Services," click on "Form Filing."

3. Click on "Form 4" to download the PDF form.

   
   

You can fill out Form 4 offline and then upload it, or you can use the online filing option.

Step 3: Fill Out Form 4

Now, it's time to fill out Form 4 with the required details. The form has several sections, each dealing with a specific type of change. Fill out the sections that are relevant to your situation:

• Section A: This section is for the appointment of a new partner or designated partner. Provide the new partner's details, such as name, address, and designation.

• Section B: Use this section to notify the cessation (removal or resignation) of an existing partner or designated partner. Provide the leaving partner's details and the date of cessation.

• Section C: This section is for changes in the name, address, or designation of an existing partner or designated partner. Provide the partner's current details and the new details.

• Section D: This section is for obtaining the consent of a person to become a partner or designated partner. The person needs to provide their details and sign the form.

  
  

Make sure to fill out the form accurately and completely. Incomplete or incorrect information can lead to the form being rejected.

Step 4: Attach Required Documents

After filling out Form 4, attach the required documents that you gathered in Step 1. These may include:

• Consent and signature of the partner(s)

• Proof of address (if applicable)

• Any other relevant documents

  
  

Make sure the attachments are in PDF format and don't exceed the prescribed size limit.

Step 5: Pay the Filing Fee

There is a filing fee of Rs. 50 for Form 4. You can pay this fee online using a credit card, debit card, or net banking.

Step 6: Digital Signature and Submission

Once you've filled out the form, attached the documents, and paid the fee, it's time to digitally sign and submit the form.

1. The designated partner who is authorized to sign Form 4 should affix their DSC to the form.

2. After signing, click on "Submit" to file Form 4 with the ROC.

   
   

The ROC will process your form and send an acknowledgment to your registered email address. You can also track the status of your form on the MCA portal.

Key Points to Remember

• File Form 4 within 30 days of any change in partners or their details to avoid penalties.

• Ensure all information provided in Form 4 is accurate and complete.

• Attach all required documents in the prescribed format.

• Pay the filing fee of Rs. 50 before submitting the form.

• Have the form digitally signed by the authorized designated partner.

  
  

How Fiscal Flow Can Help

Filing LLP forms and keeping track of compliance requirements can be daunting, especially when you're focused on running your business. That's where Fiscal Flow, your trusted compliance partner, comes in.

Our expert team can handle your LLP's Form 4 filing from start to finish. We'll ensure all details are accurate, documents are in order, and deadlines are met. With Fiscal Flow, you can have peace of mind knowing your LLP's compliance is in good hands.

Beyond Form 4, we offer comprehensive compliance services for LLPs, including incorporation, annual filings, amendments, and more. Our goal is to simplify compliance for you, so you can focus on what you do best - growing your business.

If you need assistance with filing Form 4 or any other LLP compliance matter, get in touch with us today. Our team is ready to provide you with personalized solutions tailored to your business needs.