The Ministry of Corporate Affairs vide its notification dated 11th February 2022, has published the Limited Liability Partnership (Amendment) Rules, 2022 which shall come into force with effect from 1st April 2022.
The amendment is brought under rule 19(1) which states that a limited liability partnership or a company or a proprietor of a registered trade mark under the Trade Marks Act, 1999 (47 of 1999) which already has a name or trade mark which is similar to or which too nearly resembles the name or new name of a limited liability partnership incorporated subsequently, may apply to the Regional Director in Form 23 to give a direction to that limited liability partnership incorporated subsequently to change its name or new name, as the case may be:
Provided that an application of the proprietor of the registered trade mark shall be maintainable within a period of three years from the date of incorporation or registration or change of name of limited liability partnership under the Act.
Further a new rule 19A which deals with allotment of new name to an existing LLP has been notified.
In case a Limited Liability Partnership fails to change its name or new name, as the case may be, in accordance with the direction issued under sub-section (1) of section 17 within a period of three months from the date of issue of such direction, the letters “ORDNC” (Order of Regional Director Not Complied), the year of passing of the direction, the serial number and the existing LLPIN of the LLP shall become the new name of the LLP without any further act or deed by the LLP, and the Registrar shall accordingly make entry of the new name in the register of LLP and issue a fresh certificate of incorporation in Form No. 16A:
Provided that nothing contained in sub-rule (1) shall apply in case e-form LLP Form No-5 filed by the LLP is pending for disposal at the expiry of three months from the date of issue of direction by Regional Director unless the said e-form is subsequently rejected.
The LLP whose name has been changed shall at once make necessary compliance with the provisions of section 21 and the statement, “Order of Regional Director Not Complied (under section 17 of the LLP Act, 2008) shall be mentioned in brackets below the name of LLP on its invoices, official correspondence, and publications:
Provided that no such statement shall be required to be mentioned in case the LLP subsequently changes its name in accordance with section 19.
