Introduction

In a Limited Liability Partnership (LLP), each partner plays a vital role in the governance, decision-making, and overall functioning of the business. As a legally registered entity under the LLP Act, 2008, any change in the key details of a partner—especially in their residential address—must be formally recorded and reported. Updating the address of a partner is not only necessary for maintaining accurate statutory records but also ensures compliance with regulatory requirements and correspondence effectiveness. This article outlines the process, implications, and regulatory considerations involved when there is a change in a partner’s address in an LLP.

Impact on Statutory Records

When a partner’s residential address changes, it is essential to update the records maintained by the Registrar of Companies (ROC). The partner’s address is part of the Master Data of the LLP and forms the basis for all legal and regulatory communications. If this information is outdated, it may lead to missed notices, miscommunication, or non-compliance.

Role of Form DIR-6

Before the LLP can update the partner’s address, the concerned partner must first update their Director Identification Number (DIN) records. This is done by filing Form DIR-6 with the MCA (Ministry of Corporate Affairs). This form allows the partner to request changes to personal details such as address, mobile number, or email ID associated with their DIN. This step is mandatory prior to reflecting the change in the LLP’s records.

Filing of Form 4 for LLP

Once the DIN address is updated, the LLP must file Form 4, which is used to communicate any change in partner particulars to the Registrar. This form must include the details of the change, attach proof of the new address (such as Aadhaar card, utility bill, passport, or rent agreement), and be digitally signed by a designated partner. The form must be filed within 30 days from the date of change to avoid penalties.

Supporting Documentation Required

For the address change to be approved, valid documentary proof must be submitted. This includes a self-attested copy of government-issued address proof reflecting the new address. Additionally, a copy of the resolution passed by the LLP for taking note of the change in address may be attached, although it is not mandatory.

Verification and Approval by ROC

After submission of Form DIR-6 and Form 4, the Registrar of Companies verifies the documents and updates the partner’s address in the MCA records. Once approved, the new address appears in the public master data of the LLP and is considered the official address for communication and identification purposes related to that partner.

Effect on Tax and Bank Records

Updating the partner’s address in ROC records is only one part of the compliance. LLPs and the concerned partner must also ensure the new address is updated with:

• Income Tax Department (linked to PAN)
  
• GST registration, if applicable
  
• Banking institutions associated with the LLP or partner
  These changes ensure consistency across government and financial systems, thereby avoiding mismatches and possible verification issues.
  

No Impact on LLP Agreement

A change in the partner’s residential address does not require an amendment to the LLP Agreement, unless the agreement specifically mentions the personal address of partners. Hence, the LLP is not required to file Form 3 for this purpose unless other material changes are made simultaneously.

Consequences of Non-Compliance

Failure to update a partner’s address within the stipulated time can lead to financial penalties, starting at ₹100 per day of delay for Form 4. Additionally, outdated information may be treated as non-compliance during inspections, audits, or legal proceedings. It may also hinder receipt of official communication from the ROC or other regulatory authorities.

Conclusion

A change in a partner’s residential address is a procedural but important update in the LLP’s statutory records. It ensures the continued legality, accuracy, and accessibility of the LLP’s communications and identity. By timely updating the DIN records through Form DIR-6 and notifying the ROC using Form 4, LLPs and their partners can maintain regulatory compliance and safeguard the operational integrity of the firm. Proper documentation and adherence to filing timelines are key to avoiding penalties and ensuring seamless governance.

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