LLP OBJECT CLAUSE CHANGE

This query is : Resolved

Sachin Kumar (Querist)
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25 September 2022 - To change object clause of LLP whose registered office is in Telangana , designated partners reside in Delhi , we need stamp paper of Telangana OR we can make supplementary agreement on stamp paper of Delhi ?
- what amount of stamp paper we need ?
- we need to file only Form 3 ?

Aashok Kumar Sharma online

Aashok Kumar Sharma online

(Expert)
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09 July 2024 To change the object clause of an LLP, the process involves amending the LLP agreement and filing the necessary forms with the Ministry of Corporate Affairs (MCA). Given your scenario where the registered office is in Telangana and the designated partners reside in Delhi, here are the steps and considerations:

### Stamp Paper Requirements
1. **Jurisdiction for Stamp Paper:**
- The stamp paper should be from Telangana, where the registered office of the LLP is located. This is because the jurisdiction for stamp duty is determined by the location of the registered office of the LLP, not the residence of the partners.

2. **Amount of Stamp Duty:**
- The amount of stamp duty varies from state to state. In Telangana, the stamp duty for the LLP agreement and any subsequent amendments should be checked as per the latest rates prescribed under the Telangana Stamp Act.
- For supplementary agreements or amendments, the usual practice is to use a stamp paper of value Rs. 100 or Rs. 200, but it is recommended to confirm the exact amount with a local registrar or a legal professional in Telangana.

### Filing Requirements
1. **Form 3:**
- Yes, you need to file Form 3 for the amendment of the LLP agreement with the MCA. Form 3 is used to inform the ROC about any changes in the LLP agreement, including changes to the object clause.

### Steps to Change Object Clause of LLP
1. **Draft Supplementary Agreement:**
- Draft a supplementary agreement to amend the object clause in the original LLP agreement. This agreement should be on the appropriate value of stamp paper from Telangana.

2. **Pass Resolution:**
- Pass a resolution in a meeting of the partners approving the change in the object clause.

3. **Execute Supplementary Agreement:**
- Get the supplementary agreement executed by all partners. Ensure it is signed and stamped as per the requirements.

4. **File Form 3:**
- Log in to the MCA portal and file Form 3 along with the necessary attachments, including the certified copy of the supplementary agreement and the resolution passed by the partners.

### Detailed Steps for Filing Form 3
1. **Preparation of Documents:**
- Supplementary LLP agreement on stamp paper.
- Resolution passed by the partners.
- Any other supporting documents as required.

2. **Filing on MCA Portal:**
- Log in to the MCA portal.
- Select LLP forms and choose Form 3.
- Fill in the details as required, upload the necessary documents, and submit the form.

3. **Payment of Fees:**
- Pay the prescribed fees for Form 3 filing.

4. **Submission:**
- Once the form is submitted, you will receive an acknowledgment. The ROC will review the submitted documents and approve the changes if everything is in order.

### Conclusion
To change the object clause of your LLP with its registered office in Telangana, you need to use stamp paper from Telangana, typically of value Rs. 100 or Rs. 200 (confirm the exact amount with a local professional). File Form 3 on the MCA portal with the necessary attachments to complete the process. If you need further assistance, consider consulting with a local legal professional or a company secretary.

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