Section 17 of LLP Act, 2008 : Section 17: Rectification Of Name Of Limited Liability Partnership
LLP Act, 2008
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Explanation using Example
Imagine that a group of entrepreneurs start a Limited Liability Partnership (LLP) named "Tech Innovations LLP." After registration, they discover that there is an existing company named "Tech Innovation Pvt. Ltd." which is well-known in the industry. The similarity between the two names could potentially confuse clients and customers.
Under Section 17 of The Limited Liability Partnership Act, 2008, the entrepreneurs could be directed by the Central Government to change the name of their LLP to avoid confusion. They would have three months to comply with this direction and choose a new name that does not closely resemble any existing business or registered trademark.
Once they decide on a new name, "Innovative Tech Ventures LLP," they must notify the Registrar within 15 days, who will then update the certificate of incorporation. Following this, they have 30 days to amend their LLP agreement to reflect the new name.
If the entrepreneurs fail to comply with the government's direction to change the name, the Central Government has the authority to assign a new name to the LLP, and the Registrar will issue a fresh certificate of incorporation. However, the LLP can later choose to change this new name by following the procedure laid out in Section 16 of the Act.