Form 23 – Application for Direction to LLP to Change its Name

Under the Limited Liability Partnership Act, 2008, every LLP must operate under a name that is unique and not identical or too similar to an existing company, LLP, or registered trademark. If an LLP is found to be using a name that is identical or closely resembles another registered entity or trademark, the affected party can submit an application to the Registrar of Companies (ROC) requesting that the LLP be directed to change its name.

This application is filed using Form 23 – Application for Direction to LLP to Change its Name with the Ministry of Corporate Affairs (MCA). At N D Savla & Associates, we assist businesses and trademark owners in filing Form 23 and handling the regulatory process involved in resolving LLP name conflicts.

What is Form 23 for LLP?

Form 23 is used to request the Registrar of Companies to issue a direction to an LLP to change its name when the existing name is considered identical or too similar to:

• Another registered LLP or company name

• A registered trademark

• A name that violates MCA naming guidelines

If the Registrar finds merit in the application, the LLP may be directed to change its name within the prescribed period.

When is Form 23 Required?

Form 23 is typically filed when a person, company, LLP, or trademark holder believes that an LLP’s name infringes upon their legal rights or creates confusion due to similarity.

Common situations where Form 23 may be required include:

• LLP name identical to an existing company or LLP

• LLP name similar to a registered trademark

• Use of misleading or restricted words in LLP name

• Violation of MCA name approval guidelines

The application must include proper justification and supporting evidence demonstrating the conflict.

Process for Filing Form 23

The application for direction to change the LLP name involves the following steps:

1. Preparing the Application
Details of the LLP whose name is being challenged must be provided along with reasons for the objection.

2. Supporting Evidence
Documents such as trademark registration certificates, company incorporation documents, or other evidence may be required to support the claim.

3. Filing Form 23 with MCA
The application is submitted through the MCA portal along with the necessary attachments and applicable fees.

4. Review by Registrar of Companies
The Registrar examines the application and supporting documents. If the claim is valid, the Registrar may direct the LLP to change its name within a specified time.

Importance of Addressing LLP Name Conflicts

Using a name that is identical or confusingly similar to another registered entity may lead to legal disputes, brand confusion, and regulatory action. The provisions under the LLP Act allow affected parties to protect their identity and trademarks by seeking intervention from the Registrar.

Proper filing of Form 23 ensures that such disputes are addressed through the appropriate regulatory mechanism.

Our Services for Form 23 Filing

At N D Savla & Associates, we provide professional assistance for LLP name dispute applications and MCA filings, including:

• Advisory on LLP name conflict under MCA guidelines

• Preparation of application for Form 23 filing

• Documentation and evidence compilation

• Filing Form 23 with the Registrar of Companies

• Guidance on LLP name change compliance

Our experienced professionals help clients navigate the process efficiently and ensure that applications are properly presented before the regulatory authorities.