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    Procedure of change in name of a LLP

    Posted By : Vidushi / Published on : 24-Jun-2022 04:54 AM / View : 62 / Comment : 2
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    Good morning members!

    Please tell me what is the procedure of change in name of a LLP?

    Regards!
    Vidushi
    Read more on : name change procedure

    • Hi Vidushi

      Here's he detailed provision regarding the name change of LLP.

      1[17. (1) Notwithstanding anything contained in sections 15 and 16, if through inadvertence or otherwise, a limited liability partnership, on its first registration or on its registration by a new body corporate, its registered name;">name, is registered by a name which is identical with or too nearly resembles to—

      (a) that of any other limited liability partnership or a company; or

      (b) a registered trade mark of a proprietor under the Trade Marks Act, 1999,as is likely to be mistaken for it, then on an application of such limited liability partnership or proprietor referred to in clauses (a) and (b) respectively or a company, the Central Government may direct that such limited liability partnership to change its name or new name within a period of three months from the date of issue of such direction:

      Provided that an application of the proprietor of the registered trade marks shall be maintainable within a period of three years from the date of incorporation or registration or change of name of the limited liability partnership under this Act.

      (2) Where a limited liability partnership changes its name or obtains a new name under sub-section (1), it shall within a period of fifteen days from the date of such change, give notice of the change to Registrar along with the order of the Central Government, who shall carry out necessary changes in the certificate of incorporation and within thirty days of such change in the certificate of incorporation, such limited liability partnership shall change its name in the limited liability partnership agreement.

      (3) If the limited liability partnership is in default in complying with any direction given under sub-section (1), the Central Government shall allot a new name to the limited liability partnership in such manner as may be prescribed and the Registrar shall enter the new name in the register of limited liability partnerships in place of the old name and issue a fresh certificate of incorporation with new name, which the limited liability partnership shall use thereafter:

      Provided that nothing contained in this sub-section shall prevent a limited liability partnership from subsequently changing its name in accordance with the provisions of section 16.]

      28-06-2022 / 04:59:51 AM
      Reply
    • Hello vidushi,

       

      As per Rule 20, procedure given below for change in name of a LLP shall be
      followed:

      If procedure is provided in the limited liability partnership agreement:
      ???? The limited liability partnership may change its name by following the
      procedure as laid down in the limited liability partnership agreement.


      If procedure is not provided in the limited liability partnership agreement:
      ???? Where the limited liability partnership agreement does not provide such
      procedure, consent of all partners shall be required for changing the name
      of the limited liability partnership.


      Procedure:
      • Form 1 shall be filed with the Registrar for the reservation of new name.
      • Form 3 shall be filed with the Registrar for the change in the LLP Agreement
      with regard to new name within thirty days of such change along with the
      fee as provided in Annexure ‘A’ of the Rules.
      • Notice of change of name shall be given to the Registrar in Form 5, within
      30 days of complying with the above, along with a fee as mentioned in
      Annexure ‘A’ of the Rules.
      • The Registrar on being satisfied that the changed name is the one as
      reserved by him shall issue a fresh certificate of incorporation in the new
      name and the changed name shall be effective from the date of such
      certificate.

       

      Thank you

      06-07-2022 / 05:14:48 AM
      Reply



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