Limited liability partnership is a new concept
which is governed by a Limited Liability Partnership Act, 2008. It has the
benefits of both company and collaboration and enjoys a separate legal entity.
While establishing a limited liability partnership (LLP) the first thing that
we have to decide is the name of the entity that you are establishing. Choosing
a name is very relevant for your LLP as your name will define your business.
Your LLP name has to be unique and should reflect your business.
It is important that the name you select is unique and easy
to remember. Generally, LLP name has three parts, i.e., name, object, and
constitution part. The parts have been explained below:
The name part has to be unique and should not be similar to
any existing LLP or trademark or company in the same business. You have to
ensure that your name is not already used by someone else.
The Object Part states the nature of business of the Company like Music, consultancy, technology, infrastructure, financial, medical, travels, etc. you have to decide your name of LLP which indicates the nature of business of your company.
Constitution part states the type of entity the business is conducted under. The private limited company has Pvt. Ltd. Co. LLP has LLP in the constitution part.
You can quickly check the existing name of the LLP in India
by searching your proposed name by following the simple steps:
1. Visit the Ministry of Corporate Affairs (MCA)
2. search your suggested title in the LLP name bracket as shown in the
following picture:
After checking the MCA, you can also make a trademark search for a similar name as your proposed LLP name. You can check the same by following simple steps as given below:
1. Visit the trademark website at
https://ipindiaonline.gov.in/tmrpublicsearch/frmmain.aspx
2. you have to enter your proposed name and the class of trademark which applies
to your business as shown in the picture below:
3. The website will display a list of the trademark in existence
with a similar name if any.
4. If there is the same name, then you will have to change your proposed name
of the LLP and if not then you can use your proposed name.
Rule 18 of the Limited Liability Partnership Rules, 2009
prescribes rules for determining the name of LLP which is following:
1. Not be one prohibited under the Emblems and Names (Prevention of improper
use) Act, 1950
2. Not includes any word or words which are offensive to any section of the
people;
3. Not an exact translation of name in Hindi or English of an existing LLP;
4. No close phonetic resemblance to the name of an LLP in existence
5. Does not show participation or patronage of the Central or State Government,
unless circumstances justify to
6. Should not be undesirable in a specific context if it includes any of the
words such as National, Union, Central, Federal, Republic, President,
Rashtrapati, etc.
7. Not contain ‘British India’
8. Not be vague
9. Is unique and not identical or nearly resembles a firm or LLP already
incorporated
10. Not a name of registered Trademark, unless the consent of the owner of the
trademark has been produced
11. Words like ‘Bank,’ ‘Insurance’ and ‘Banking,’ “company secretaries” should
be with the approval of the respective regulatory authority.
12. Use of words like French, British, German, etc., only when there is some
form of collaboration and connection with the foreigners of that particular
country or place, the name of which is incorporated.
13. Should have “limited liability partnership” or the acronym “LLP” as the
last words of its name.
Approval for LLP name
Section 16 of the Limited Liability Partnership Act, 2008 provides for the reservation of name of the LLP with the Registrar having jurisdiction where the LLP has its registered office. The LLP can apply in Form 1 available at http://www.mca.gov.in/MinistryV2/llpformsdownload.html and http://www.mca.gov.in/LLP/dca/downloadeforms/eformTemplates/1113-Form1LLP.zip
Conclusion for How to Choose LLP Company Name
There are many things and points to be kept in mind while deciding your LLP Name. You should do the preliminary check by checking the LLP name on the MCA and trademark website and then can go on to register the LLP name with the registrar where the LLP will have a registered office.
The name of a company is the first thing that a person immediately connects with at the first instance. The importance of an appropriate name increases in case of a non-profitable organization (NGO) or a charitable organization formed under Section 8 of the Company Act, 2013. These Section 8 companies function solely for the purpose of promoting commerce, art, science, sports, education, research, social welfare, religion, charity, protection of the environment or any such other object meant to uplift either a fraction or the entire society as a whole. So these institutions or companies need to focus on bringing the company into the spotlight and making a mark in the minds of the people in order to get more volunteers who would work for the organizations and achieve the goals in a faster pace.
A Section 8 company can be named and registered as an Association, Foundation, Society, Council, Club, Charities, Institute, Academy, Organization, etc. that will be registered under the Ministry of Corporate Affairs, Government of India. Since these companies are legally registered and recognised under the Company Act 2013, the procedure for registration and the naming criteria are defined under the procedure to register a company as per the sections of the Act.
Legally registering and approving the name of the company is mandatory. This helps in avoiding any kind of copyrights issues and also making sure that no previous section 8 company has been registered under the same name. For getting an approval, an application Form INC-1 should be filed to the Registrar of the company (Central Registration Centre – CRC of Ministry of Corporate Affairs). To avoid chances of repetition of names, the applicant will have to provide six different names for name approval. Once approved, the validity of the name extends to up to 60 days. As per the Company (Incorporation) Rules, 2014, the suggested names must contain the words such as foundation, association, forum, council, chambers, etc. to be considered a valid section 8 company name.
A section 8 company works for the society and its upliftment, which gives it immunity with regards to various compliances and tax remittances. This gives these companies an added advantage as opposed to other general companies. So it is necessary that these companies make a mark legally and make sure to follow the rules and let the benefits reach society.
One of the most important things we have to consider while Nidhi Company Registration is choosing the company name. You must keep the company name according to the guidelines of MCA, and it should be meaningful and something that adds value to the brand. Below you can find a list of points to consider while selecting the company's name: