Section 20
of Limited Liability Partnerships Order, 2010
Section 20
(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 –
(a)
undesirable;
(b)
identical to that of any other limited liability partnership, corporation or business name;
(c)
identical to a name that is being reserved under this section or section 20 of the Companies Act (Chapter 39); or
(d)
a name of a kind that the Minister has 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 liability partnership; or
(b)
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 subsections (1)(a), (b), (c) or (d), reserve that name for a period of 2 months from the date the making of the application or such longer period as the Registrar may allow.
Incorporating amendments until S 1/2016
(Cleancopy) NANI/Amiriah/fiqah/Karimah_as of 24th June2019
13
BLUV as at 14th January 2016
(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 –
(a)
is a name referred to in subsection (1); or
(b)
so nearly resembles the name of any other limited liability partnership, corporation or business name as to be likely to be mistaken for it, the Registrar may direct the partnership to change its name, and the 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.
(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 subsections (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 one year from the date of registration of the partnership under that name.
(7)
Any limited liability partnership which fails to comply with a direction given under subsection (4) is guilty of an offence and 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 has been directed under subsection (4) to change its name had applied for registration under that name in bad faith, require that partnership 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 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 that direction or requirement, appeal to the Minister whose decision shall be final.
Incorporating amendments until S 1/2016
(Cleancopy) NANI/Amiriah/fiqah/Karimah_as of 24th June2019
14
BLUV as at 14th January 2016
(10)
The Minister may, with the approval of His Majesty the Sultan and Yang Di-Pertuan, 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).
(11)
In this section, “business name” has the same meaning as in section 2 of the
Business Names Act (Chapter 92).
Conversion from firm to limited liability partnership.