The Ministry of Corporate Affairs (MCA) has notified the New Provision related to the Allotment of the new name to the existing LLP.
The government has notified the Limited Liability Partnership (Amendment) Rules, 2022, which shall come into force with effect from 01st April, 2022.
The new Rule 19A has been inserted in relation to the allotment of the new name to the existing LLP under sub-section (3) of section 17. 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 the 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 under subsection (3) of section 17 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.
The Central Government may appoint any of its officers, not below the rank of Registrar, as adjudicating officers for adjudging penalty under the provisions of the Act.
Before adjudging penalty, the adjudicating officer shall issue a written notice, to the limited liability partnership, partner or designated partner of a limited liability partnership or any other person who has committed non-compliance or made default under the Act, as the case may be, to show cause, within such period as may be specified in the notice (not being less than fifteen days and not more than thirty days from the date of service thereon), why the penalty should not be imposed on it or him.
Every notice issued under sub-rule (2), shall clearly indicate the nature of non-compliance or default under the Act alleged to have been committed or made by such limited liability partnership, its partner or its designated partner, or any other person, as the case may be and also draw attention to the relevant penal provisions of the Act and the maximum penalty which can be imposed on such limited liability partnership, its partners or designated partners or any other person, as the case may be.
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