|
18 (1) The name of the limited liability partnership shall not be one prohibited under the Emblems and Names (Prevention of Improper Use) Act, 1950. (2) A name shall not generally be reserved, if - (i) it includes any word or words which are offensive to any section of the people; (ii) the proposed name is the exact Hindi or English translation of the name of an existing limited liability partnership in English or Hindi, as the case may be; (iii) the proposed name has a close phonetic resemblance to the name of a LLP in existence, for example, J.K. LLP., Jay Kay LLP; (iv) it includes the word Co-operative, Sahakari or the equivalent of word 'co-operative' in the regional languages of the country; (v) it connotes the participation or patronage of the Central or State Government, unless circumstances justify to, e.g., a name may be deemed undesirable in certain context if it includes any of the words such as National, Union, Central, Federal, Republic, President, Rashtrapati, etc; (vi) the proposed name contains the words 'British India'; (vii) the proposed name implies association or connection with any Embassy or Consulate or of a foreign government which suggests connection with local authorities such as Municipal, Panchayat, Zila Parishad or any other body connected with the Union or State Government; (viii) 3[the proposed name is vague like D.I.M.O. Limited liability partnership or I.V.N.R. Limited liability partnership or S.S.R.P Limited liability partnership;] (ix) it is different from the name or names of the existing limited liability partnership only to the extent of having the name of a place within brackets before the word ‘limited liability partnership’, for example, Indian Press (Delhi) LLP should not be allowed in view of the existence of the LLP named Indian Press LLP; 1[Provided that the name shall be reserved, in the case "No Objection Certificate" is granted by the registered Limited Liability Partnership or company, as the case may be.] (x) it includes name of registered Trade mark, unless the consent of the owner of the trade mark has been produced; (xi) 5[the proposed name is identical with or too nearly resembles the name of any other limited liability partnership or a company;] (xii) it is identical with or too nearly resembles the name of the limited liability partnership or a company in liquidation or it is identical with or too nearly resembles names of the LLP or a company which is struck off, up to the period of 5 years; 2[(xiii) it includes words like ‘Bank’, ‘Insurance’, and ‘Banking’, ‘Venture capital’ or ‘mutual fund’ or business activity includes the words like ‘Bank’, ‘Insurance’, and ‘Venture capital’ or ‘mutual fund’ or such similar names without the approval of regulatory authority: Provided that the approval of regulatory authority shall be obtained at the time of application for incorporation or change of name of an existing Limited Liability Partnership, as the case may be.] (xiv) 3[ it is intended or likely to produce a misleading impression regarding the scope or scale of its activities which would be beyond the resources at its disposal; ] (xv) the proposed name includes words like French, British, German etc., unless the partners satisfy that there is some form of collaboration and connection with the foreigners of that particular country or place, the name of which is incorporated in the name; (xvi) the proposed name of limited liability partnership includes the words company secretary, chartered accountant, advocates or such similar words as indicative of a profession, as part of the proposed name, the same shall be allowed only after obtaining approval from the Council governing such profession or such authority as may be nominated by the Central Government, in this behalf. 1[Provided that the approval of the council governing the profession shall be obtained at the time of application for incorporation or change of name of an existing Limited Liabilit Partnership, as the case may be.] (3) A foreign LLP or a foreign company may on payment of fee as mentioned in Annexure ‘A’, apply in Form 25 to the Registrar for reserving its existing name by which it is registered in the country of its regulation or incorporation: Provided that such reservation shall be valid for three years but may be renewed on a fresh application along with payment of fee as provided in Annexure ‘A’. (4) An application for reservation of name with which the proposed limited liability partnership is to be registered or for change of name, as the case may be, shall be made to the Registrar having jurisdiction where the registered office of the limited liability partnership is to be situate. (5) 4[Every such application shall be made through the web service, RUN-LLP, available at www.mca.gov.in and be accompanied by fee as mentioned in Annexure ‘A’, which may either be approved or rejected, as the case may be, by the Registrar after allowing a re-submission of such application within fifteen days for rectification of defects.] 6) Where the Registrar informs applicant about reservation of name with which the LLP is to be registered or changed name, as the case may be, such name shall be available for reservation for a period of three months from the date of intimation by the Registrar. Notes: 1. Inseted by Limited Liability Partnership (Amendment) Rules, 2012 dated 05.06.2012 w.e.f 11.06.2012 2. Substituted by Limited Liability Partnership (Amendment) Rules, 2012 dated 05.06.2012 w.e.f 11.06.2012 For Clausee (xiii)- (xiii) it includes words like 'Bank', 'Insurance' and 'Banking', ‘Venture capital’ or ‘mutual fund’ or such similar names without the approval of the regulatory authority; Provided that the approval of regulatory authority shall be obtained at the time of application for incorporation or change of name of an existinf Limited Liability Partnership, as the case may be. The following shall be substituted- "(xiii) it includes words like ‘Bank’, ‘Insurance’, and ‘Banking’, ‘Venture capital’ or ‘mutual fund’ or business activity includes the words like ‘Bank’, ‘Insurance’, and ‘Venture capital’ or ‘mutual fund’ or such similar names without the approval of regulatory authority: Provided that the approval of regulatory authority shall be obtained at the time of application for incorporation or change of name of an existing Limited Liability Partnership, as the case may be." 3. Omitted by Limited Liability Partnership (Second Amendment) Rules, 2018. w.e.f 02.10.2018. 4. Substituted by Limited Liability Partnership (Second Amendment) Rules, 2018 w.e.f 02.10.2018. For sub-rule (5) - Every such application shall be in Form 1 and be accompanied by fee as mentioned in Annexure ‘A’ and the Registrar shall inform to the applicant for reservation or non reservation of the changed name or the name with which the proposed LLP is to be registered ordinarily within seven days of the receipt of application. The following shall be substituted- "5. Every such application shall be made through the web service, RUN-LLP, available at www.mca.gov.in and be accompanied by fee as mentioned in Annexure ‘A’, which may either be approved or rejected, as the case may be, by the Registrar after allowing a re-submission of such application within fifteen days for rectification of defects.” 5. Substituted by the Limited Liability Partnership (Amendment) Rules, 2022 dated 11.02.2022 w.e.f 01.04.2022. For clause (xi)- (xi) the proposed name is identical with or too nearly resembles the name of a firm or LLP or company incorporated outside India and reserved by such firm, LLP or company with the registrar in accordance with these rules; The following shall be substituted- "(xi) the proposed name is identical with or too nearly resembles the name of any other limited liability partnership or a company;"
|