SilverCore Alloys LLP was incorporated on 3rd February, 2025. On 1st July, 2025, a partner from an existing partnership firm named M/s SilverCore…
CA Intermediate · Corporate and Other Laws · MTP · September 2025
SilverCore Alloys LLP was incorporated on 3rd February, 2025. On 1st July, 2025, a partner from an existing partnership firm named M/s SilverCore Metals, registered under the Indian Partnership Act, 1932 since 5th March, 2002, submitted a request to the Registrar of Companies (ROC). The request stated that the name of the newly incorporated LLP closely resembles the name of the partnership firm and requested that SilverCore Alloys LLP be directed to change its name. Analyze whether the LLP is legally bound to change its name under the provisions of the Limited Liability Partnership Act, 2008.
Suggested Answer and Working Notes:
(a) Section 15 of LLP Act, 2008 provides no LLP shall be registered by a name which, in the opinion of the Central Government is- (i) undesirable; or (ii) identical or too nearly resembles to that of any other ‘LLP or a company or a registered trade mark of any other person under the Trade Marks Act, 1999'. Further, section 17 provides, if the name of LLP is identical with or too nearly resembles to - (i) that of any other LLP or a company; or (ii) a registered trade mark of a proprietor under the Trade Marks Act, 1999 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 within a period of 3 months from the date of issue of such direction. Following the above provisions, LLP need not change its name if its name resembles with the name of a partnership firm. These provisions are applicable only in case where the name resembles with LLP, company or a registered trade mark of a proprietor. Hence, SilverCore Alloys LLP need not change its name even it resembles with the name of partnership firm.
Topics: The Limited Liability Partnership Act, 2008
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