TMI BlogLimited Liability Partnership (Amendment) Rules, 2022X X X X Extracts X X X X X X X X Extracts X X X X ..... dis shall be applicable for filing an appeal under sub-sections (2) and (3) of section 72. 3 . In the said rules , in rule 18 , in sub-rule (2), for clause (xi), the following clause shall be substituted, namely: - (xi) the proposed name is identical with or too nearly resembles the name of any other limited liability partnership or a company; . 4 . In the said rules , in rule 19 , for sub-rule (1), the following sub-rule shall be substituted, namely: - (1) A limited liability partnership or a company or a proprietor of a registered trade mark under the Trade Marks Act, 1999 (47 of 1999) which already has a name or trade mark which is similar to or which too nearly resembles the name or new name of a limited liability partnership incorporated subsequently, may apply to the Regional Director in Form 23 to give a direction to that limited liability partnership incorporated subsequently to change its name or new name, as the case may be: Provided that an application of the proprietor of the registered trade mark shall be maintainable within a period of three years from the date of incorporation or registration or change of name of limited liability partnership u ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ays and not more than thirty days from the date of service thereon), why the penalty should not be imposed on it or him. (3) 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. (4) The reply to such notice shall be filed in electronic mode only within the period as specified in the notice: Provided that the adjudicating officer may, for reasons to be recorded in writing, extend the period referred to above by a further period not exceeding fifteen days, if the limited liability partnership or its partners or designated partners or any other person, as the case may be, satisfies the adjudicating officer that it or he has sufficient cause for not responding to the notice within the stipulated period or the adjudicating officer has r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ned by him and shall clearly state the reasons for requiring the physical appearance under sub-rule (5). (9) The adjudicating officer shall send a copy of the order passed by him to the concerned limited liability partnership, its partner or designated partner or any other person or all of them and to the Regional Director and a copy of the order shall also be uploaded on the website. (10) For the purposes of this rule, the adjudicating officer shall exercise the following powers, namely: - (a) to summon and enforce the attendance of any person acquainted with the facts and circumstances of the case after recording reasons in writing. (b) to order for evidence or to produce any document, which in the opinion of the adjudicating officer, may be useful for or relevant to the subject matter of the inquiry. (11) If any person fails to reply or neglects or refuses to appear as required under sub-rule (5) or sub-rule (10) before the adjudicating officer, the adjudicating officer may pass an order imposing the penalty, in the absence of such person after recording the reasons for doing so. (12) Penalty shall be paid through Ministry of Corporate Affairs portal only. ( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... one order unless the reliefs prayed for are consequential. (2) Every appeal filed under this rule shall be accompanied by a fee of one thousand rupees for Small LLPs and two thousand and five hundred rupees for other than Small LLPs. 37C. Registration of appeal. (1) On the receipt of an appeal, office of the Regional Director shall endorse the date on such appeal and shall sign such endorsement. (2) If, on scrutiny, the appeal is found to be in order, it shall be duly registered and given a serial number: Provided that where the appeal is found to be defective, the Regional Director may allow the appellant such time, not being less than fourteen days following the date of receipt of intimation by the appellant from the Regional Director about the nature of the defects, to rectify the defects and if the appellant fails to rectify such defects within the time period allowed as above, the Regional Director may by order and for reasons to be recorded in writing, decline to register such appeal and communicate such refusal to the appellant within a period of seven days thereof: Provided further that the Regional Director may, for reasons to be recorded in writing, ex ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fter Form 16, following form shall be inserted, namely:- FORM NO. 16A [See rule 19A] GOVERNMENT OF INDIA MINISTRY OF CORPORATE AFFAIRS Office of the Registrar of Companies Address of the RoC Office Certificate of Incorporation pursuant to change of name due to Order of Regional Director not being complied [ Pursuant to section 17(3) of the Limited Liability Partnership Act, 2008 read with rule 19A of the Limited Liability Partnership Rules, 2009 ] Limited Liability Partnership Identity Number (LLPIN): LLPIN I hereby certify that the name of the LLP has been changed under sub-section (3) of section 17 of the Limited Liability Partnership Act, 2008, from Last Name of the LLP to New name of the LLP with effect from the date of this certificate. Given under my hand at Name of the city where the ROC Office is located this Date of approval of the work item in words (i.e. FIRST, SECOND etc.) day of Month of approval of the work item in words two thousand YEAR of approval of the work item in words Full name of the Authorising officer approving the work-item Assistant Registrar of Companies/ Deputy Registrar of Comp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (c) Limited Liability Partnership whose contribution exceeds ₹ 5 lakhs but does not exceed ₹ 10 lakhs ₹ 150 (d) Limited Liability Partnership whose contribution exceeds ₹ 10 lakhs but does not exceed ₹ 25 lakhs ₹ 200 (e) Limited Liability Partnership whose contribution exceeds ₹ 25 lakhs but does not exceed ₹ 1 Crore ₹ 400 (f) Limited Liability Partnership whose contribution exceeds ₹ 1 Crore ₹ 600 4. Fee for filing, registering, or recording notice of appointment, cessation, change in name, address, designation of a partner or designated partner, intimation of Designated Partner Identification Number and consent to become a partner or designated partner in LLP Form No. 4: For Small LLPs ₹ 50 For Other than Small LLPs ₹ 150 5. (1) Fee for any application other than application for conversion of a firm or a private company or an unlisted public company into LLP shall ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (d) More than 60 days and upto 90 days 6 times of normal filing fees 12 times of normal filing fees (e) More than 90 days and upto 180 days 10 times of normal filing fees 20 times of normal filing fees (f) More than 180 days and upto 360 days 15 times of normal filing fees 30 times of normal filing fees (g) Beyond 360 days 25 times of normal filing fees for forms other than Form 8 and Form 11. For Form 8 and Form 11, 15 times normal filing fees plus ₹ 10 per day for every day delay beyond 360 days 50 times of normal filing fees for forms other than Form 8 and Form 11. For Form 8 and Form 11, 30 times normal filing fees plus ₹ 20 per day for every day delay beyond 360 days. 9. In the said rules, after Form No 32, the following form shall be inserted, namely:- FORM NO. 33 - LLP ADJ Memorandum of Appeal Pursuant to section 76A of the Limited Liability ..... X X X X Extracts X X X X X X X X Extracts X X X X
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