Studies LLP was incorporated on 15 th April, 2024, with Prem, Pramod, Naveen, and Vimal as partners. Among them, Prem and Pramod were designated…
CA Intermediate · Corporate and Other Laws · MTP · May 2025
Studies LLP was incorporated on 15 th April, 2024, with Prem, Pramod, Naveen, and Vimal as partners. Among them, Prem and Pramod were designated partners. The LLP was established for the manufacturing and trading of toys, and its business operations were progressing smoothly. However, on 30 th April, 2024, an individual named Samudra filed an application with the Registrar of LLPs, claiming that he owned a registered trademark under the name "Studies Masters", which had been registered before 15 th April, 2024. He requested that Studies LLP change its name, as it closely resembled his registered trademark. After conducting an initial investigation, the Registrar found merit in Samudra's claim and issued a directive to Studies LLP to change its name. The official notice, dated 5 th May, 2024, was sent via post. However, due to a postal delay, the LLP received the notice only on 10 th May, 2024. Despite the directive, Studies LLP ignored the notice and continued operating under the same name. On 16 th August, 2023, the Registrar, acting suo-moto, assigned the LLP a new name, "Sahitya Masterminds LLP", and updated the register of LLPs accordingly. A fresh Certificate of Incorporation reflecting the new name was issued. However, the partners were not comfortable with the new name and initiated steps to change it again. Additionally, on 20 th June, 2024, Vimal submitted a written notice to the LLP stating that he would cease to be a partner effective 22 nd July, 2024. However, neither Vimal nor the LLP informed the Registrar about his cessation. On the basis of above facts and by applying applicable provisions of the Limited Liability Partnership Act, 2008 and the applicable Rules therein, choose the correct answer (one out of four) of the following Multiple Choice Questions (MCQs 6-8, of 2 marks each) given herein under:
Suggested Answer and Working Notes:
Correct Answer: Option (B)
The LLP's name closely resembled a registered trademark owned by another party.
Topics: The Foreign Exchange Management Act, 1999, The Limited Liability Partnership Act, 2008
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