Explain the provisions of the Limited Liability Partnership Act, 2008, in respect of the following: (i) When the name of LLP is identical.

CA Intermediate · Corporate and Other Laws · RTP · September 2024
Explain the provisions of the Limited Liability Partnership Act, 2008, in respect of the following: (i) When the name of LLP is identical.

Suggested Answer and Working Notes:

(a) According to section 17 of the LLP Act, 2008, (i) Notwithstanding anything contained in sections 15 and 16, if through inadvertence, or otherwise, the LLP, on its first registration or on its registration by new 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 likely to be mistaken, 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 such LLP to change its name or new name within a period of 3 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 3 years from the date of incorporation or registration or change of name of the LLP under this Act.

Topics: The Limited Liability Partnership Act, 2008

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