Question 4 (a) part ii
Change of name
3 marks
- Time to write
- About 6 minutes
From an older CBCS paper
Question
Question 4 (a) part ii · 3 marks- Explain the rules on a change of name of an LLP.
Reworded from the university paper; the task is the same. The original paper belongs to the University of Delhi. See DU's question bank.
Before you write
Read off the question and its marks
Read from the question
- ExplainEach point stated, then explained in a line or two.
What the paper leaves open
The only copy of this paper found is cut off at the right edge of the page; the few words lost there are read from the sense and from the Hindi version of the question. Marked as one question of 9 marks; answered here in 3 parts of 3 marks each (marks inferred).
Write it in this order
- 1 (ii) Change of name 3 marks 6 min
Try it first. About 6 minutes for 3 marks. Write it out, then open the solution.
Solution
Hover or tap a marked figure, like 72,000, to see how it is made and where else it appears.
(ii) Change of name (ss. 15 to 19):
- The name itself (s. 15): it must end with "limited liability partnership" or "LLP", and an LLP may not be registered by a name that is undesirable or is identical with, or too nearly resembles, that of another LLP, a company or a registered trade mark.
- Reserving the new name (s. 16): a person may apply to the Registrar to reserve a name to which an LLP proposes to change; if the name is not open to objection, the Registrar reserves it for three months.
- Compulsory change (s. 17): where an LLP has been registered, at first or under a new name, by a name so close to that of another LLP or company, or to a registered trade mark, that it is likely to be mistaken for it, the Central Government, on that LLP's, company's or trade-mark owner's application, may direct the LLP to change its name within three months of the direction.
- Voluntary change (s. 19 and rule 20 of the LLP Rules, 2009): the LLP decides on the change by the procedure in its LLP agreement or, if the agreement has none, with all the partners' consent; it gives notice of the change to the Registrar in Form 5, with the fee, within thirty days; and the Registrar, satisfied that the new name is the one reserved, issues a fresh certificate of incorporation, the change taking effect from that certificate's date.
Where the 3 marks sit
| # | Component | Marks |
|---|---|---|
| 1 | (ii) Change of name | 3 |
| Total | 3 |
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