In this Guide MyOnlineCA will let you know about how to choose LLP Company Name. 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.
Name of LLP Company
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 in the following table:
S. No Name of the LLP Name Part Object Part Constitution
1. MOC MUSIC STUDIO LLP MOC MUSIC STUDIO LLP
2. CHOPRA INFRA LLP CHOPRA INFRA LLP
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.
How to check your proposed LLP name is unique
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:
3. The site will display a list of the name of the LLP in existence with a similar name if any.
4. If there is a same name, then you will have to change your proposed name of the LLP and if not then you can use your proposed name.
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.
Points to remember while deciding LLP Company 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.