On 18/06/2013,
you requested for the version in force on 18/06/2013
incorporating all amendments published on or before 18/06/2013.
The closest version currently available is that of 01/01/2010.
17.
—(1) The Registrar shall refuse to register the name of a limited partnership, or a change of the name of a limited partnership to one, under this Act that in the opinion of the Registrar —
(a)
is undesirable;
(b)
is identical to a name under which any other limited partnership, person or corporation carries on business;
(c)
is identical to a name that is being reserved under this section, section 13 of the Business Registration Act (Cap. 32), section 27 of the Companies Act (Cap. 50) or section 19 of the Limited Liability Partnerships Act (Cap. 163A); or
(d)
is a name of a kind that the Minister has, by notification in the Gazette, directed the Registrar not to accept for registration.
(2) A person may apply in the prescribed manner to the Registrar for the reservation of a name set out in the application as —
(a)
the name of a proposed limited partnership; or
(b)
the name to which the name of a limited partnership is proposed to be changed.
(3) Upon receipt of an application under subsection (2) and payment of the prescribed fee, the Registrar may, if he is satisfied that the name to be reserved is not one which may be rejected on any ground referred to in subsection (1)(a), (b), (c) or (d), reserve the name for a period of 2 months from the date of lodgment of the application or such longer period as the Registrar may allow.
(4) Notwithstanding anything in this section, where the Registrar is satisfied that the name of a limited partnership has been registered under this Act (whether through inadvertence or otherwise and whether originally or by a change of name) —
(a)
(b)
which so nearly resembles a business name or the name of any other limited partnership, limited liability partnership or corporation as to be likely to be mistaken for it; or
(c)
the use of which has been restrained by an injunction granted under the Trade Marks Act (Cap. 332),
the Registrar may direct any general partner of the limited partnership to change the name of the limited partnership, and that person shall comply with the direction within 6 weeks after the date of the direction or such longer period as the Registrar may allow, unless the direction is annulled by the Minister.
(5) Any person may apply, in writing, to the Registrar to direct any general partner of a limited partnership, on a ground referred to in subsection (4)(a) or (b), to change the name of the limited partnership.
(6) The Registrar shall not consider any application under subsection (5) to give a direction to change the name of a limited partnership on the ground referred to in subsection (4)(b) unless the Registrar receives the application within 12 months from the date of registration of that name.
(7) The Registrar may cancel the registration of any limited partnership if any person fails to comply with a direction given under subsection (4).
(8) The Registrar may, if he is satisfied that a person who is directed under subsection (4) to change the name of a limited partnership had applied for registration of that name in bad faith, require that person to pay the Registrar such fees as may be prescribed, and such fees shall be recoverable as a debt due to the Government.
(9) Any person who is aggrieved by a direction of the Registrar under subsection (4) or a requirement of the Registrar under subsection (8) may, within 30 days of the date of the direction or requirement, appeal to the Minister whose decision shall be final.
(10) For the avoidance of doubt, where the Registrar makes a decision under subsection (4) or the Minister makes a decision under subsection (9), he shall accept as correct any decision of the High Court to grant an injunction referred to in subsection (4)(c).
(11) The Minister may make regulations for the purpose of determining the matters referred to in subsections (1) and (4).
[BR Act, s. 13; LLPA, s. 19]