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Question
“Explain the provisions relating to the change of name of a Limited Liability Partnership (LLP) under the LLP Act, 2008.
Under what circumstances can the Central Government direct an LLP to change its name? What are the consequences of non-compliance with such directions?
(MTP 1, SEP 25, Q-2(C) , (JAN-2026) (RTP 18)
Answer
Change of name of LLP (Section 17 of the LLP Act, 2008):
(1) Notwithstanding anything contained in sections 15 and 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 of 3 months from the date of issue of such direction.
It is further provided that an application of the proprietor of the registered trademarks 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.
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