Formation of partnership firm

227 views 3 replies

samkasvala

proprietor

131 Points Joined December 2012

one of our client want to form a partnership firm in the name and style of say ''ABC'' . Now the name '' ABC Private Limited '' is already there .

Question :

1. Since exacly same name is there, can we form the partmentship firm in the same name as above held by Private ,limited co. ?

2. If we do not register the firm and form unregistered with same name as mentioned above , is it allowed ?

3. If we register the firm with the same name as above , is it allowed ?

Replies (3)

As per Partnership Act, 1932...it does not allow the name which is similar/same to the existing comparable business firm...as it mentions only firm...
1. U can form with the same name but ensure that the name should be held by any of the partnership firm.
2 & 3. Even though u r registered or not, if u override the provisions..then it attracts any penalty or omission of such name etc.,

samkasvala

proprietor

131 Points Joined December 2012

So according to you ,we can form a partnership with same name i.e. ABC and in the same name ABC Private Limited Co is already in existance.

But if there is any firm which registered with name ''ABC '' then we can NOT register our firm the same name i.e ABC .

Also is there any check to de done whether private limited co and other firm is redistered under TRADEMARK or Copy right .

A.Kishore Kesav

810 Points Joined January 2018

Yes...u r right...make sure the name u selected doesn't match with other same or similar business..and Pvt. ltd. company registered as trademark or copyright..