Explain the provisions relating to the change of name of a Limited Liability Partnership (LLP) under the LLP Act, 2008.
CA Foundation · Business Laws · RTP · January 2026
Explain the provisions relating to the change of name of a Limited Liability Partnership (LLP) under the LLP Act, 2008.
Suggested Answer and Working Notes:
(a) Change of name of LLP (Section 17 of the Limited Liability Partnership Act,2008): (1) Notwithstanding anything contained in sections15and - 16, if through inadvertence or otherwise, a LLP, on its first registration or on its registration by a new body corporate, its registered name, is registered by a name which is identical with or too nearly resembles to — (a) that of any other LLP 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 LLP or proprietor referred to in clauses (a) and (b) respectively or a company, the Central Government may direct that such LLP to change its name or new name within a period of3 months from the date of issue of such direction. It is further provided that an application of the proprietor of the registered trade marks shall be maintainable within a period of3 years from the date of incorporation or registration or change of name of the LLP under this Act. (2) Where a LLP changes its name or obtains a new name under sub-section (1) , it shall within a period of15 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 within30 days of such change in the certificate of incorporation, such LLP shall change its name in the LLP agreement. (3) If the LLP is in default in complying with any direction given under sub-section (1) , the Central Government shall allot a new name to the LLP in such manner as may be prescribed and the Registrar shall enter the new name in the register of LLP in place of the old name and issue a fresh certificate of incorporation with new name, which the LLP shall use thereafter. Nothing contained in this sub-section shall prevent a LLP from subsequently changing its name in accordance with the provisions of section 16.
Topics: The Limited Liability Partnership Act, 2008
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