Page 1
PAPER – 2: BUSINESS LAWS AND BUSINESS CORRESPONDENCE AND REPORTING
SECTION A: BUSINESS LAWS
Amendments for Paper 2A: Business Laws, Foundation November 2023 examinations
1. Chapter 4: The Limited Liability Act, 2008
The Limited Liability Act, 2008 has been amended through the Limited Liability
Partnership (Amendment) Act, 2021 dated 13
th
August, 2021. The following are the
amendments w.e.f. 1
st
April, 2022.
Earlier provision New provision
- Throughout the Limited Liability Partnership
Act, 2008, for the words and figures “the
Companies Act, 1956” wherever they occur,
the words and figures “the Companies Act,
2013” shall be substituted.
Body Corporate [(Section 2(d)]: It means
a company as defined in section 3 of the
Companies Act, 1956 and includes—
(i) a LLP registered under this Act;
(ii) a LLP incorporated outside India; and
(iii) a company incorporated outside
India,
but does not include—
(i) a corporation sole;
(ii) a co-operative society registered
under any law for the time being in
force; and
(iii) any other body corporate (not being a
company as defined in section 3 of
the Companies Act, 1956 or a limited
liability partnership as defined in this
Act), which the Central Government
may, by notification in the Official
Gazette, specify in this behalf.
Body Corporate [(Section 2(d)]: It means a
company as defined in clause (20) of section
2 of the Companies Act, 2013 and includes
(i) a limited liability partnership registered
under this Act;
(ii) a limited liability partnership incorporated
outside India; and
(iii) a company incorporated outside India,
but does not include
(i) a corporation sole;
(ii) a co-operative society registered under
any law for the time being in force; and
(iii) any other body corporate (not being a
company as defined in clause (20) of
section 2 of the Companies Act, 2013
or a limited liability partnership as
defined in this Act), which the Central
Government may, by notification in the
Official Gazette, specify in this behalf.
Business [Section 2(e)]: “Business”
includes every trade, profession, service
and occupation.
Business [Section 2(e)]: “Business” includes
every trade, profession, service and
occupation except any activity which the
Central Government may, by notification,
exclude.
Page 2
PAPER – 2: BUSINESS LAWS AND BUSINESS CORRESPONDENCE AND REPORTING
SECTION A: BUSINESS LAWS
Amendments for Paper 2A: Business Laws, Foundation November 2023 examinations
1. Chapter 4: The Limited Liability Act, 2008
The Limited Liability Act, 2008 has been amended through the Limited Liability
Partnership (Amendment) Act, 2021 dated 13
th
August, 2021. The following are the
amendments w.e.f. 1
st
April, 2022.
Earlier provision New provision
- Throughout the Limited Liability Partnership
Act, 2008, for the words and figures “the
Companies Act, 1956” wherever they occur,
the words and figures “the Companies Act,
2013” shall be substituted.
Body Corporate [(Section 2(d)]: It means
a company as defined in section 3 of the
Companies Act, 1956 and includes—
(i) a LLP registered under this Act;
(ii) a LLP incorporated outside India; and
(iii) a company incorporated outside
India,
but does not include—
(i) a corporation sole;
(ii) a co-operative society registered
under any law for the time being in
force; and
(iii) any other body corporate (not being a
company as defined in section 3 of
the Companies Act, 1956 or a limited
liability partnership as defined in this
Act), which the Central Government
may, by notification in the Official
Gazette, specify in this behalf.
Body Corporate [(Section 2(d)]: It means a
company as defined in clause (20) of section
2 of the Companies Act, 2013 and includes
(i) a limited liability partnership registered
under this Act;
(ii) a limited liability partnership incorporated
outside India; and
(iii) a company incorporated outside India,
but does not include
(i) a corporation sole;
(ii) a co-operative society registered under
any law for the time being in force; and
(iii) any other body corporate (not being a
company as defined in clause (20) of
section 2 of the Companies Act, 2013
or a limited liability partnership as
defined in this Act), which the Central
Government may, by notification in the
Official Gazette, specify in this behalf.
Business [Section 2(e)]: “Business”
includes every trade, profession, service
and occupation.
Business [Section 2(e)]: “Business” includes
every trade, profession, service and
occupation except any activity which the
Central Government may, by notification,
exclude.
2 FOUNDATION EXAMINATION: DECEMBER, 2023
Newly inserted “Small limited liability partnership [Section
2(ta)]: It means a limited liability
partnership—
(i) the contribution of which, does not
exceed twenty-five lakh rupees or
such higher amount, not exceeding
five crore rupees, as may be
prescribed; and
(ii) the turnover of which, as per the
Statement of Accounts and Solvency
for the immediately preceding
financial year, does not exceed forty
lakh rupees or such higher amount,
not exceeding fifty crore rupees, as
may be prescribed; or
(iii) which meets such other requirements
as may be prescribed, and fulfils such
terms and conditions as may be
prescribed;
Designated partners (Section 7):
(i) Every LLP shall have at least two
designated partners who are
individuals and at least one of them
shall be a resident in India.
(ii) If in LLP, all the partners are bodies
corporate or in which one or more
partners are individuals and bodies
corporate, at least two individuals
who are partners of such LLP or
nominees of such bodies corporate
shall act as designated partners.
(iii) Resident in India: For the purposes of
this section, the term “resident in
India” means a person who has
stayed in India for a period of not less
than 182 days during the immediately
preceding one year.
Designated partners (Section 7)
(1) Every limited liability partnership shall
have at least two designated partners
who are individuals and at least one of
them shall be a resident in India:
Provided that in case of a limited liability
partnership in which all the partners are
bodies corporate or in which one or more
partners are individuals and bodies
corporate, at least two individuals who
are partners of such limited liability
partnership or nominees of such bodies
corporate shall act as designated
partners.
Explanation. For the purposes of this
section, the term resident in India means
a person who has stayed in India for a
period of not less than one hundred and
twenty days during the financial year.
(2) Subject to the provisions of sub-section
(1),
(i) if the incorporation document
Page 3
PAPER – 2: BUSINESS LAWS AND BUSINESS CORRESPONDENCE AND REPORTING
SECTION A: BUSINESS LAWS
Amendments for Paper 2A: Business Laws, Foundation November 2023 examinations
1. Chapter 4: The Limited Liability Act, 2008
The Limited Liability Act, 2008 has been amended through the Limited Liability
Partnership (Amendment) Act, 2021 dated 13
th
August, 2021. The following are the
amendments w.e.f. 1
st
April, 2022.
Earlier provision New provision
- Throughout the Limited Liability Partnership
Act, 2008, for the words and figures “the
Companies Act, 1956” wherever they occur,
the words and figures “the Companies Act,
2013” shall be substituted.
Body Corporate [(Section 2(d)]: It means
a company as defined in section 3 of the
Companies Act, 1956 and includes—
(i) a LLP registered under this Act;
(ii) a LLP incorporated outside India; and
(iii) a company incorporated outside
India,
but does not include—
(i) a corporation sole;
(ii) a co-operative society registered
under any law for the time being in
force; and
(iii) any other body corporate (not being a
company as defined in section 3 of
the Companies Act, 1956 or a limited
liability partnership as defined in this
Act), which the Central Government
may, by notification in the Official
Gazette, specify in this behalf.
Body Corporate [(Section 2(d)]: It means a
company as defined in clause (20) of section
2 of the Companies Act, 2013 and includes
(i) a limited liability partnership registered
under this Act;
(ii) a limited liability partnership incorporated
outside India; and
(iii) a company incorporated outside India,
but does not include
(i) a corporation sole;
(ii) a co-operative society registered under
any law for the time being in force; and
(iii) any other body corporate (not being a
company as defined in clause (20) of
section 2 of the Companies Act, 2013
or a limited liability partnership as
defined in this Act), which the Central
Government may, by notification in the
Official Gazette, specify in this behalf.
Business [Section 2(e)]: “Business”
includes every trade, profession, service
and occupation.
Business [Section 2(e)]: “Business” includes
every trade, profession, service and
occupation except any activity which the
Central Government may, by notification,
exclude.
2 FOUNDATION EXAMINATION: DECEMBER, 2023
Newly inserted “Small limited liability partnership [Section
2(ta)]: It means a limited liability
partnership—
(i) the contribution of which, does not
exceed twenty-five lakh rupees or
such higher amount, not exceeding
five crore rupees, as may be
prescribed; and
(ii) the turnover of which, as per the
Statement of Accounts and Solvency
for the immediately preceding
financial year, does not exceed forty
lakh rupees or such higher amount,
not exceeding fifty crore rupees, as
may be prescribed; or
(iii) which meets such other requirements
as may be prescribed, and fulfils such
terms and conditions as may be
prescribed;
Designated partners (Section 7):
(i) Every LLP shall have at least two
designated partners who are
individuals and at least one of them
shall be a resident in India.
(ii) If in LLP, all the partners are bodies
corporate or in which one or more
partners are individuals and bodies
corporate, at least two individuals
who are partners of such LLP or
nominees of such bodies corporate
shall act as designated partners.
(iii) Resident in India: For the purposes of
this section, the term “resident in
India” means a person who has
stayed in India for a period of not less
than 182 days during the immediately
preceding one year.
Designated partners (Section 7)
(1) Every limited liability partnership shall
have at least two designated partners
who are individuals and at least one of
them shall be a resident in India:
Provided that in case of a limited liability
partnership in which all the partners are
bodies corporate or in which one or more
partners are individuals and bodies
corporate, at least two individuals who
are partners of such limited liability
partnership or nominees of such bodies
corporate shall act as designated
partners.
Explanation. For the purposes of this
section, the term resident in India means
a person who has stayed in India for a
period of not less than one hundred and
twenty days during the financial year.
(2) Subject to the provisions of sub-section
(1),
(i) if the incorporation document
PAPER – 2 : BUSINESS LAWS & BUSINESS CORRESPONDENCE AND REPORTING 3
(a) specifies who are to be
designated partners, such
persons shall be designated
partners on incorporation; or
(b) states that each of the
partners from time to time of
limited liability partnership is to
be designated partner, every
partner shall be a designated
partner;
(ii) any partner may become a
designated partner by and in
accordance with the limited liability
partnership agreement and a
partner may cease to be a
designated partner in accordance
with limited liability partnership
agreement.
(3) An individual shall not become a
designated partner in any limited liability
partnership unless he has given his prior
consent to act as such to the limited
liability partnership in such form and
manner as may be prescribed.
(4) Every limited liability partnership shall file
with the Registrar the particulars of every
individual who has given his consent to
act as designated partner in such form
and manner as may be prescribed within
thirty days of his appointment.
(5) An individual eligible to be a designated
partner shall satisfy such conditions and
requirements as may be prescribed.
(6) Every designated partner of a limited
liability partnership shall obtain a
Designated Partners Identification
Number (DPIN) from the Central
Government and the provisions of
sections 153 to 159 (both inclusive) of
the Companies Act, 2013 shall apply
mutatis mutandis for the said purpose.
Page 4
PAPER – 2: BUSINESS LAWS AND BUSINESS CORRESPONDENCE AND REPORTING
SECTION A: BUSINESS LAWS
Amendments for Paper 2A: Business Laws, Foundation November 2023 examinations
1. Chapter 4: The Limited Liability Act, 2008
The Limited Liability Act, 2008 has been amended through the Limited Liability
Partnership (Amendment) Act, 2021 dated 13
th
August, 2021. The following are the
amendments w.e.f. 1
st
April, 2022.
Earlier provision New provision
- Throughout the Limited Liability Partnership
Act, 2008, for the words and figures “the
Companies Act, 1956” wherever they occur,
the words and figures “the Companies Act,
2013” shall be substituted.
Body Corporate [(Section 2(d)]: It means
a company as defined in section 3 of the
Companies Act, 1956 and includes—
(i) a LLP registered under this Act;
(ii) a LLP incorporated outside India; and
(iii) a company incorporated outside
India,
but does not include—
(i) a corporation sole;
(ii) a co-operative society registered
under any law for the time being in
force; and
(iii) any other body corporate (not being a
company as defined in section 3 of
the Companies Act, 1956 or a limited
liability partnership as defined in this
Act), which the Central Government
may, by notification in the Official
Gazette, specify in this behalf.
Body Corporate [(Section 2(d)]: It means a
company as defined in clause (20) of section
2 of the Companies Act, 2013 and includes
(i) a limited liability partnership registered
under this Act;
(ii) a limited liability partnership incorporated
outside India; and
(iii) a company incorporated outside India,
but does not include
(i) a corporation sole;
(ii) a co-operative society registered under
any law for the time being in force; and
(iii) any other body corporate (not being a
company as defined in clause (20) of
section 2 of the Companies Act, 2013
or a limited liability partnership as
defined in this Act), which the Central
Government may, by notification in the
Official Gazette, specify in this behalf.
Business [Section 2(e)]: “Business”
includes every trade, profession, service
and occupation.
Business [Section 2(e)]: “Business” includes
every trade, profession, service and
occupation except any activity which the
Central Government may, by notification,
exclude.
2 FOUNDATION EXAMINATION: DECEMBER, 2023
Newly inserted “Small limited liability partnership [Section
2(ta)]: It means a limited liability
partnership—
(i) the contribution of which, does not
exceed twenty-five lakh rupees or
such higher amount, not exceeding
five crore rupees, as may be
prescribed; and
(ii) the turnover of which, as per the
Statement of Accounts and Solvency
for the immediately preceding
financial year, does not exceed forty
lakh rupees or such higher amount,
not exceeding fifty crore rupees, as
may be prescribed; or
(iii) which meets such other requirements
as may be prescribed, and fulfils such
terms and conditions as may be
prescribed;
Designated partners (Section 7):
(i) Every LLP shall have at least two
designated partners who are
individuals and at least one of them
shall be a resident in India.
(ii) If in LLP, all the partners are bodies
corporate or in which one or more
partners are individuals and bodies
corporate, at least two individuals
who are partners of such LLP or
nominees of such bodies corporate
shall act as designated partners.
(iii) Resident in India: For the purposes of
this section, the term “resident in
India” means a person who has
stayed in India for a period of not less
than 182 days during the immediately
preceding one year.
Designated partners (Section 7)
(1) Every limited liability partnership shall
have at least two designated partners
who are individuals and at least one of
them shall be a resident in India:
Provided that in case of a limited liability
partnership in which all the partners are
bodies corporate or in which one or more
partners are individuals and bodies
corporate, at least two individuals who
are partners of such limited liability
partnership or nominees of such bodies
corporate shall act as designated
partners.
Explanation. For the purposes of this
section, the term resident in India means
a person who has stayed in India for a
period of not less than one hundred and
twenty days during the financial year.
(2) Subject to the provisions of sub-section
(1),
(i) if the incorporation document
PAPER – 2 : BUSINESS LAWS & BUSINESS CORRESPONDENCE AND REPORTING 3
(a) specifies who are to be
designated partners, such
persons shall be designated
partners on incorporation; or
(b) states that each of the
partners from time to time of
limited liability partnership is to
be designated partner, every
partner shall be a designated
partner;
(ii) any partner may become a
designated partner by and in
accordance with the limited liability
partnership agreement and a
partner may cease to be a
designated partner in accordance
with limited liability partnership
agreement.
(3) An individual shall not become a
designated partner in any limited liability
partnership unless he has given his prior
consent to act as such to the limited
liability partnership in such form and
manner as may be prescribed.
(4) Every limited liability partnership shall file
with the Registrar the particulars of every
individual who has given his consent to
act as designated partner in such form
and manner as may be prescribed within
thirty days of his appointment.
(5) An individual eligible to be a designated
partner shall satisfy such conditions and
requirements as may be prescribed.
(6) Every designated partner of a limited
liability partnership shall obtain a
Designated Partners Identification
Number (DPIN) from the Central
Government and the provisions of
sections 153 to 159 (both inclusive) of
the Companies Act, 2013 shall apply
mutatis mutandis for the said purpose.
4 FOUNDATION EXAMINATION: DECEMBER, 2023
Registered office of LLP and change
therein (Section 13):
(1) Every LLP shall have a registered
office to which all communications
and notices may be addressed and
where they shall be received.
(2) A document may be served on a LLP
or a partner or designated partner
thereof by sending it by post under a
certificate of posting or by registered
post or by any other manner, as may
be prescribed, at the registered office
and any other address specifically
declared by the LLP for the purpose
in such form and manner as may be
prescribed.
(3) A LLP may change the place of its
registered office and file the notice of
such change with the Registrar in
such form and manner and subject to
such conditions as may be prescribed
and any such change shall take effect
only upon such filing.
(4) If the LLP contravenes any provisions
of this section, the LLP and its every
partner shall be punishable with fine
which shall not be less than ` 2,000
but which may extend to ` 25,000.
Registered office of LLP and change
therein (Section 13):
(1) Every limited liability partnership shall
have a registered office to which all
communications and notices may be
addressed and where they shall be
received.
(2) A document may be served on a limited
liability partnership or a partner or
designated partner thereof by sending it
by post under a certificate of posting or
by registered post or by any other
manner, as may be prescribed, at the
registered office and any other address
specifically declared by the limited
liability partnership for the purpose in
such form and manner as may be
prescribed.
(3) A limited liability partnership may change
the place of its registered office and file
the notice of such change with the
Registrar in such form and manner and
subject to such conditions as may be
prescribed and any such change shall
take effect only upon such filing.
(4) If any default is made in complying
with the requirements of this section,
the limited liability partnership and its
every partner shall be liable to a
penalty of five hundred rupees for
each day during which the default
continues, subject to a maximum of
fifty thousand rupees for the limited
liability partnership and its every
partner.
Name (Section 15):
(1) Every limited liability partnership shall
have either the words “limited liability
partnership” or the acronym “LLP” as
the last words of its name.
Name (Section 15):
(1) Every limited liability partnership shall
have either the words limited liability
partnership or the acronym LLP as the
last words of its name.
Page 5
PAPER – 2: BUSINESS LAWS AND BUSINESS CORRESPONDENCE AND REPORTING
SECTION A: BUSINESS LAWS
Amendments for Paper 2A: Business Laws, Foundation November 2023 examinations
1. Chapter 4: The Limited Liability Act, 2008
The Limited Liability Act, 2008 has been amended through the Limited Liability
Partnership (Amendment) Act, 2021 dated 13
th
August, 2021. The following are the
amendments w.e.f. 1
st
April, 2022.
Earlier provision New provision
- Throughout the Limited Liability Partnership
Act, 2008, for the words and figures “the
Companies Act, 1956” wherever they occur,
the words and figures “the Companies Act,
2013” shall be substituted.
Body Corporate [(Section 2(d)]: It means
a company as defined in section 3 of the
Companies Act, 1956 and includes—
(i) a LLP registered under this Act;
(ii) a LLP incorporated outside India; and
(iii) a company incorporated outside
India,
but does not include—
(i) a corporation sole;
(ii) a co-operative society registered
under any law for the time being in
force; and
(iii) any other body corporate (not being a
company as defined in section 3 of
the Companies Act, 1956 or a limited
liability partnership as defined in this
Act), which the Central Government
may, by notification in the Official
Gazette, specify in this behalf.
Body Corporate [(Section 2(d)]: It means a
company as defined in clause (20) of section
2 of the Companies Act, 2013 and includes
(i) a limited liability partnership registered
under this Act;
(ii) a limited liability partnership incorporated
outside India; and
(iii) a company incorporated outside India,
but does not include
(i) a corporation sole;
(ii) a co-operative society registered under
any law for the time being in force; and
(iii) any other body corporate (not being a
company as defined in clause (20) of
section 2 of the Companies Act, 2013
or a limited liability partnership as
defined in this Act), which the Central
Government may, by notification in the
Official Gazette, specify in this behalf.
Business [Section 2(e)]: “Business”
includes every trade, profession, service
and occupation.
Business [Section 2(e)]: “Business” includes
every trade, profession, service and
occupation except any activity which the
Central Government may, by notification,
exclude.
2 FOUNDATION EXAMINATION: DECEMBER, 2023
Newly inserted “Small limited liability partnership [Section
2(ta)]: It means a limited liability
partnership—
(i) the contribution of which, does not
exceed twenty-five lakh rupees or
such higher amount, not exceeding
five crore rupees, as may be
prescribed; and
(ii) the turnover of which, as per the
Statement of Accounts and Solvency
for the immediately preceding
financial year, does not exceed forty
lakh rupees or such higher amount,
not exceeding fifty crore rupees, as
may be prescribed; or
(iii) which meets such other requirements
as may be prescribed, and fulfils such
terms and conditions as may be
prescribed;
Designated partners (Section 7):
(i) Every LLP shall have at least two
designated partners who are
individuals and at least one of them
shall be a resident in India.
(ii) If in LLP, all the partners are bodies
corporate or in which one or more
partners are individuals and bodies
corporate, at least two individuals
who are partners of such LLP or
nominees of such bodies corporate
shall act as designated partners.
(iii) Resident in India: For the purposes of
this section, the term “resident in
India” means a person who has
stayed in India for a period of not less
than 182 days during the immediately
preceding one year.
Designated partners (Section 7)
(1) Every limited liability partnership shall
have at least two designated partners
who are individuals and at least one of
them shall be a resident in India:
Provided that in case of a limited liability
partnership in which all the partners are
bodies corporate or in which one or more
partners are individuals and bodies
corporate, at least two individuals who
are partners of such limited liability
partnership or nominees of such bodies
corporate shall act as designated
partners.
Explanation. For the purposes of this
section, the term resident in India means
a person who has stayed in India for a
period of not less than one hundred and
twenty days during the financial year.
(2) Subject to the provisions of sub-section
(1),
(i) if the incorporation document
PAPER – 2 : BUSINESS LAWS & BUSINESS CORRESPONDENCE AND REPORTING 3
(a) specifies who are to be
designated partners, such
persons shall be designated
partners on incorporation; or
(b) states that each of the
partners from time to time of
limited liability partnership is to
be designated partner, every
partner shall be a designated
partner;
(ii) any partner may become a
designated partner by and in
accordance with the limited liability
partnership agreement and a
partner may cease to be a
designated partner in accordance
with limited liability partnership
agreement.
(3) An individual shall not become a
designated partner in any limited liability
partnership unless he has given his prior
consent to act as such to the limited
liability partnership in such form and
manner as may be prescribed.
(4) Every limited liability partnership shall file
with the Registrar the particulars of every
individual who has given his consent to
act as designated partner in such form
and manner as may be prescribed within
thirty days of his appointment.
(5) An individual eligible to be a designated
partner shall satisfy such conditions and
requirements as may be prescribed.
(6) Every designated partner of a limited
liability partnership shall obtain a
Designated Partners Identification
Number (DPIN) from the Central
Government and the provisions of
sections 153 to 159 (both inclusive) of
the Companies Act, 2013 shall apply
mutatis mutandis for the said purpose.
4 FOUNDATION EXAMINATION: DECEMBER, 2023
Registered office of LLP and change
therein (Section 13):
(1) Every LLP shall have a registered
office to which all communications
and notices may be addressed and
where they shall be received.
(2) A document may be served on a LLP
or a partner or designated partner
thereof by sending it by post under a
certificate of posting or by registered
post or by any other manner, as may
be prescribed, at the registered office
and any other address specifically
declared by the LLP for the purpose
in such form and manner as may be
prescribed.
(3) A LLP may change the place of its
registered office and file the notice of
such change with the Registrar in
such form and manner and subject to
such conditions as may be prescribed
and any such change shall take effect
only upon such filing.
(4) If the LLP contravenes any provisions
of this section, the LLP and its every
partner shall be punishable with fine
which shall not be less than ` 2,000
but which may extend to ` 25,000.
Registered office of LLP and change
therein (Section 13):
(1) Every limited liability partnership shall
have a registered office to which all
communications and notices may be
addressed and where they shall be
received.
(2) A document may be served on a limited
liability partnership or a partner or
designated partner thereof by sending it
by post under a certificate of posting or
by registered post or by any other
manner, as may be prescribed, at the
registered office and any other address
specifically declared by the limited
liability partnership for the purpose in
such form and manner as may be
prescribed.
(3) A limited liability partnership may change
the place of its registered office and file
the notice of such change with the
Registrar in such form and manner and
subject to such conditions as may be
prescribed and any such change shall
take effect only upon such filing.
(4) If any default is made in complying
with the requirements of this section,
the limited liability partnership and its
every partner shall be liable to a
penalty of five hundred rupees for
each day during which the default
continues, subject to a maximum of
fifty thousand rupees for the limited
liability partnership and its every
partner.
Name (Section 15):
(1) Every limited liability partnership shall
have either the words “limited liability
partnership” or the acronym “LLP” as
the last words of its name.
Name (Section 15):
(1) Every limited liability partnership shall
have either the words limited liability
partnership or the acronym LLP as the
last words of its name.
PAPER – 2 : BUSINESS LAWS & BUSINESS CORRESPONDENCE AND REPORTING 5
(2) No LLP shall be registered by a name
which, in the opinion of the Central
Government is—
(a) undesirable; or
(b) identical or too nearly resembles
to that of any other partnership
firm or LLP or body corporate or
a registered trade mark, or a
trade mark which is the subject
matter of an application for
registration of any other person
under the Trade Marks Act,
1999.
(2) No limited liability partnership shall be
registered by a name which, in the
opinion of the Central Government is
(a) undesirable; or
(b) identical or too nearly resembles
to that of any other limited
liability partnership or a company
or a registered trade mark of any
other person under the Trade
Marks Act, 1999.
Change of name of LLP (Section 17):
(1) Notwithstanding anything contained
in sections 15 and 16, where the
Central Government is satisfied that a
LLP has been registered (whether
through inadvertence or otherwise
and whether originally or by a change
of name) under a name which —
(a) is a name referred to in sub-
section (2) of section 15; or
(b) is identical with or too nearly
resembles the name of any other
LLP or body corporate or other
name as to be likely to be
mistaken for it,
the Central Government may
direct such LLP to change its
name, and the LLP shall comply
with the said direction within 3
months after the date of the
direction or such longer period
as the Central Government may
allow.
(2) (i) Any LLP which fails to comply
with a direction given under sub-
section (1) shall be punishable
with fine which shall not be less
than ` 10,000 but which may
extend to ` 5 Lakhs.
Change of name of LLP (Section 17):
(1) Notwithstanding anything contained
in sections 15 and 16, if through
inadvertence or otherwise, a limited
liability partnership, on its first
registration or on its registration by a
new body corporate, its registered
name;" name, is registered by a name
which is identical with or too nearly
resembles to—
(a) that of any other limited liability
partnership or a company; or
(b) a registered trade mark of a
proprietor under the Trade Marks
Act, 1999, as is likely to be
mistaken for it, then on an
application of such limited
liability partnership or proprietor
referred to in clauses (a) and (b)
respectively or a company, the
Central Government may direct
that such limited liability
partnership to change its name
or new name within a period of
three months from the date of
issue of such direction:
Provided that an application of the
proprietor of the registered trade
marks shall be maintainable within a
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