Availability And Reservation Of Llp Name

Written by KnowYourGST Team under GST

A new trend has emerged after introduction of Limited Liability Partnership concept. More and more entrepreneurs have started opting for Limited Liability Partnership instead of normal Partnership Firm. Deciding name of the LLP is important step at the time of incorporation. Proposed name can not be similar to name of the existing LLP, Company or Firm.

Below mentioned steps for checking name availability and reservation can be followed in following cases -

  1. Incorporation of LLP
  2. If existing LLP desires to change its name
  3. Existing Firm, Private Limited Company or Unlisted Public Limited Company desires to convert to LLP
  4. If Foreign Company or Foreign LLP desires to reserve the name by which it is carrying on its business in home country.

Checking whether proposed name is available or not

To check whether proposed LLP name is available or not, visit www.mca.gov.in

Hover over MCA Services in menu, you will see mega menu displayed. Under LLP services, click on 'Check LLP Name'

Name availability - 1

In the next screen, enter proposed name, to check whether it is available or not. You can enter up to 6 names at a time. Initially only one field will be displayed, to add more fields click on 'Add more names'

Name availability - 2

If the name entered is available, then pop up window will be displayed on the screen, telling that 'Entered Company/LPP name does not exists'

Name availability - 3

If there is already a Company or LLP registered with the same name, then name of that company or LLP will be displayed.

Name availability - 4

Names with which LLP can not be registered

As per Government rules, name of the LLP can not be reserved in following cases:

  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 -
    1. it includes any word or words which are offensive to any section of the people;
    2. 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;
    3. the proposed name has a close phonetic resemblance to the name of a LLP in existence, for example, J.K. LLP, Jay Kay LLP;
    4. it includes the word Co-operative, Sahakari or the equivalent of word 'co-operative' in the regional languages of the country;
    5. 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.;
    6. the proposed name contains the words 'British India';
    7. 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;
    8. 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:[Provided  that the name shall be reserved, in case the "No Objection Certificate" is granted by the registered Limited Liability Partnership or company, as the case may be;]
    9. it includes name of registered Trade mark, unless the consent of the owner of the trade mark has been produced;
    10. 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;
    11. 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;
    12. it includes words like 'Bank', 'Insurance', and 'Banking', 'Venture capital' or 'mutual fund' or business activity includes the words like 'Bank', Insurance', and 'Banking', '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;]
    13. 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;
    14. 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: [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 Liability Partnership, as the case may be.]

Reservation of proposed LLP name

If the name of the LLP is available and it is not one which is prohibited by Government, Proposed name should be reserved by making an application to the registrar.

How to apply to registrar for reservation

Visit www.mca.gov.in

Hover over MCA Services,  under LLP services, click on 'RUN-LLP (Reserve Unique Name-LLP) You will be asked to log in. If you are not registered, register yourself on MCA by clicking on 'register' in top menu.

Name reservation - 1

In the next screen 'RUN-LLP' application will be displayed. Fill the application.

  1. New Incorporation/Conversion : Choose as applicable in your case.
  2. LLPIN : Not required to be entered in case of new incorporation.
  3. Proposed Name 1/2 : Proposed name should be suffixed by 'LLP' or 'Limited Liability Partnership'. You can see that two names can be entered in the order of preference. If first name is rejected, and second name is available, then you can register with second name. Click on Auto Check for any discrepancy.
  4. Comments : Mention objects of the LLP and any other relevant information.
  5. Attachments :  Documents which are required to be attached are mentioned in the section 'Names with which LLP can not be registered' There is no requirement to attach any document if there is no restriction on Proposed name.

Name availability - 2

Click on 'Submit' after application is filled. You will get confirmation alert, asking to proceed for payment.

Name reservation - 3

Click on Yes, you will be then asked to pay Rs 200/- After payment is made your application will be sent for processing. You will be get approval or rejection mail.

On successful submission of the proposed name in RUN-LLP service, SRN will be generated and shown to you which will be used for future correspondence with MCA.

Also Challan will be generated depicting the details of the fees paid by the user to MCA.

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. That is name approved by Registrar is reserved for period of three months. Company incorporation or conversion process should be started within this period.

There after the name shall expire unless it has been taken up by the applicant/ LLP (that is by filing of the requisite form like incorporation form (FiLLiP) or change of name (Form 5).

Author
Posted by CA Ankit Sharma under Company-Law

I am CA, you can contact me for resolving all your tax queries. Reach me at ankitsharma1141@gmail.comContact

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