LLP Form 23 — making another LLP change a name too similar to yours, step by step
Due: No fixed deadline — but act promptly
LLP Form 23 is not a compliance filing — it is a complaint. It is the application made by a company, LLP or other entity whose name closely resembles that of an LLP incorporated after it, asking the Registrar to direct that newer LLP to change its name. The fee is a flat ₹5,000 regardless of size, there is no late fee because there is no deadline, and it is processed in Non-STP mode, meaning a Registrar examines the grounds you put forward. The single field that decides the outcome is the statement of grounds, capped at 4,000 characters.
LLP Form 23 at a glance
| What it is | Application to the Registrar for Direction to Change Name |
|---|---|
| Governing law | The Limited Liability Partnership Act, 2008, read with the Limited Liability Partnership Rules, 2009 |
| Deadline | Filed by an entity whose name resembles that of an LLP incorporated afterwards |
| Processing mode | Non-STP |
| Who signs | Digitally signed by the applicant, whose DSC must be registered against the DIN, DPIN, PAN or membership number given on the form. |
| Who certifies | No mandatory certification by a practising professional on the face of the form. |
| Late fee | No — no additional fee applies |
Who has to file LLP Form 23
- A company whose name a later-incorporated LLP too closely resembles.
- An LLP whose name a later-incorporated LLP too closely resembles.
- Any other entity — including a proprietor of a registered trade mark — with a name or mark the LLP's name conflicts with.
- Not for changing your own LLP's name. That is Form 5.
When it is due
| Deadline | None fixed by the form, but delay weakens the application |
|---|---|
| Precondition | The LLP you are objecting to must have been incorporated after your entity was registered |
| Processing | Non-STP — examined by a Registrar, not auto-approved |
| If the direction is granted | The LLP files Form 5 to change its name, and the order may be filed in Form 22 |
Where to find it on the MCA portal
The exact path on MCA V3, in order:
MCA Services → E-Filing → LLP Forms Download → Application for obtaining direction to change name of existing LLP
Before you start
Every one of these has to be true before the form will go through. Checking them first is what saves a cancelled SRN.
- Proof that your entity's name or trade mark predates the LLP you are objecting to.
- Where you apply as an other entity, a copy of the incorporation, registration or trade mark registration certificate is a mandatory attachment.
- A clear, evidenced statement of the grounds of objection — you have 4,000 characters and no more.
- The filer must be a registered Business User with a DSC registered against their DIN, DPIN, PAN or membership number.
How to file LLP Form 23, step by step
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Confirm the sequence of registration
The application only works against an LLP incorporated after your entity was registered. If the LLP's name predates yours, Form 23 is not the route and the objection will fail on its face.
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Assemble the evidence of your prior rights
Certificate of incorporation, LLP registration certificate, or trade mark registration — whatever establishes that your name or mark came first, and that it is still current. A trade mark registration is usually the strongest ground, because name similarity alone is judged narrowly.
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Log in and navigate to the form
Sign in, then MCA Services → E-Filing → LLP Forms Download, and open Application for obtaining direction to change name of existing LLP.
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Select your category of applicant
Field 1(a) asks whether you are a company, an LLP, or another entity. Choosing other entity makes the registration certificate a mandatory attachment. The rest of the form adapts to the category you pick.
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Identify the LLP you are objecting to
Enter that LLP's LLPIN at field 3(a). Its name, registered office address and email pre-fill from MCA's records — you do not type them, and you should check that what appears is the entity you actually mean.
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Write the grounds of objection
This is the part that decides the case. Set out clearly why the names are confusingly similar, what rights you hold, when they arose, and what confusion has occurred or is likely. The field accepts a maximum of 4,000 characters, so write it out in full beforehand and edit it down rather than composing in the browser.
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Attach your evidence
The incorporation, registration or trade mark certificate — mandatory where you applied as an other entity. Add evidence of actual confusion, prior use, or correspondence with the LLP as optional attachments. PDF or JPG, 2 MB maximum each, up to five optional files.
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Submit, sign and pay ₹5,000
Submit generates the SRN. Upload the DSC-signed PDF within 15 days and pay within 7 days of that upload. The fee is a flat ₹5,000 whether you are a small LLP or not.
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Wait for the Registrar's examination
Form 23 is Non-STP, so a Registrar reviews the grounds and may hear the other side. If the direction is granted, the LLP must change its name through Form 5, and the resulting order may need to be filed under Form 22.
Documents to attach
Mandatory
- Copy of the incorporation or registration certificate of the LLP, company, or registration certificate of the other entity — mandatory where other entity is selected as the category of applicant.
Optional
- Trade mark registration certificate or application, where the objection rests on a mark.
- Evidence of prior use and reputation in the name.
- Evidence of actual confusion — misdirected correspondence, payments or enquiries.
- Any prior correspondence with the LLP asking it to change the name voluntarily.
File limits: PDF or JPG only, maximum 2 MB per file, up to five optional attachments.
Government fee for LLP Form 23
Form 23 carries a flat fee that does not vary with contribution or with whether the applicant is a Small LLP.
| Category | Normal fee |
|---|---|
| Small LLP | ₹5,000 |
| Other than Small LLP | ₹5,000 |
Is there a late fee?
No additional or delay fee applies, because the form has no statutory filing deadline. Delay still matters in substance, though — an objection raised years after the LLP began trading under the name is harder to sustain.
Why LLP Form 23 gets rejected
These are the failures that actually stop filings, in rough order of how often they come up.
The LLP's name predates yours
Form 23 only lies against an LLP incorporated after your entity was registered.
Registration certificate missing for an other entity
Selecting other entity as the category makes that certificate mandatory.
Grounds over 4,000 characters
The field is capped. Anything beyond it is lost, so edit before you paste.
Grounds asserted without evidence
A bare statement that the names look alike rarely succeeds. Prior rights and evidence of confusion carry the application.
Wrong LLPIN entered
The pre-filled name and address tell you whether you have identified the right LLP. Check them.
Filed when Form 5 was meant
Form 23 asks the Registrar to make another LLP change its name. To change your own, file Form 5.
LLP Form 23 — frequently asked questions
What is LLP Form 23 for?
It is an application by a company, LLP or other entity asking the Registrar to direct an LLP incorporated later to change a name that too closely resembles theirs.
How much does Form 23 cost?
A flat ₹5,000. Unusually, the fee is the same for a Small LLP and for any other applicant — it does not vary with contribution.
Is there a deadline for filing Form 23?
No statutory deadline, and no late fee. But an objection brought long after the other LLP has been trading under the name is substantially weaker, so acting promptly matters even though nothing forces it.
Do I need a registered trade mark to object?
No, but it helps considerably. An objection resting on a registered mark is generally stronger than one resting on similarity between two registered names alone.
What happens if the Registrar agrees with me?
The Registrar directs the LLP to change its name. That LLP then reserves a new name and files Form 5, and the order itself may need to be placed on the record through Form 22.
What is the difference between Form 5 and Form 23?
Form 5 is how an LLP changes its own name. Form 23 is how you ask the Registrar to make a different LLP change theirs.
How long does Form 23 take?
It is processed in Non-STP mode, so a Registrar examines it rather than it being approved automatically, and the LLP objected to may be heard. Expect a matter of months.
Checked against the Ministry of Corporate Affairs instruction kit for this web form and the Limited Liability Partnership Rules, 2009. MCA changes its forms and fees from time to time — confirm the current position on mca.gov.in before you file.