—(1) The Registrar may refuse to register a limited liability partnership under a name, or allow a limited liability partnership to change its name to one, that in the opinion of the Registrar is —
identical to that of any other limited liability partnership or corporation or to a business name;
a name of a kind that the Minister has directed the Registrar not to accept for registration.
[37/2008 wef 04/05/2009]
(2) A person may apply in the prescribed manner to the Registrar for the reservation of a name set out in the application as —
the name of a proposed limited liability partnership; or
the name to which a limited liability partnership proposes to change its name.
(3) Upon receipt of an application under subsection (2) and on 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 a limited liability partnership has been registered (whether through inadvertence or otherwise and whether originally or by a change of name) under a name which —
is a name referred to in subsection (1); or
so nearly resembles the name of any other limited liability partnership or limited partnership or corporation or a business name as to be likely to be mistaken for it,
the Registrar may direct the limited liability partnership to change its name, and the limited liability partnership 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.
[37/2008 wef 04/05/2009]
(5) Any person may apply, in writing, to the Registrar to give a direction to any limited liability partnership, on a ground referred to in subsection (4)(a) or (b), to change its name.
(6) The Registrar shall not consider any application under subsection (5) to give a direction to a limited liability 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 the limited liability partnership under that name.
(7) Any limited liability partnership which fails to comply with a direction given under subsection (4) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 and, in the case of a continuing offence, to a further fine not exceeding $200 for every day or part thereof during which the offence continues after conviction.
(8) The Registrar may, if he is satisfied that a limited liability partnership which is directed under subsection (4) to change its name had applied for registration under that name in bad faith, require that limited liability partnership to pay the Registrar such fees as may be prescribed, and such fees shall be recoverable as a debt due to the Authority.
(9) Any limited liability partnership 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) The Registrar may, by publication in the Gazette, make such rules as he considers appropriate for the purposes of determining the matters referred to in subsections (1) to (4).