3 Name of limited liability company
(1) The words ‘limited liability company’, or its abbreviations ‘LLC’ or ‘L.L.C.’ shall be included at the end of the name of every limited liability company.
(2) The omission of the words ‘limited liability company,’ or the abbreviations ‘LLC’ or ‘L.L.C.’ in the use of the name of the limited liability company shall render any person who participates in the omission, or knowingly acquiesces in it, liable for any indebtedness, damage or liability occasioned by the omission.
(3) The Department may-
(a) refuse to register a limited liability company by a name, or refuse to register a change of name of a limited liability company, which in its opinion is undesirable; or
(b) by direction attach conditions to the use of a name by a limited liability company registered or to be registered under this Act to ensure that it is not undesirable; or
(c) direct that a limited liability company change its name if in its opinion the name by which a limited liability company is registered is undesirable.
[Subs (3) substituted by Companies, etc. (Amendment) Act 2003 Sch 1 and amended by SD155/10 Sch 2.]
(4) For the purposes of this section-
(a) ‘undesirable’ means misleading, offensive or in any way likely to be harmful to the public;
(b) the Department may publish guidance notes setting out the criteria which it will apply in determining whether a name is undesirable;
[Para (b) amended by SD155/10 Sch 2.]
(c) the Department may prescribe forms for use with this section.
[Subs (4) substituted by Companies, etc. (Amendment) Act 2003 Sch 1. Para (c) amended by SD155/10 Sch 2.]
(5) A direction given under subsection (3) (b) or (c) must, if not made the subject of an application under subsection (7) be complied with within 6 weeks of that direction, at the
expiry of which the Department may, if the direction has not been complied with, change the name of the limited liability company upon the register to a name which is not undesirable and shall provide notice to the limited liability company of such change within 7 days of the date of the change upon the register.
[Subs (5) substituted by Companies, etc. (Amendment) Act 2003 Sch 1 and amended by SD155/10 Sch 2.]
(6) A copy of any direction given under subsection (3)(c) and any change of name effected by the Department under subsection (5) shall be placed by the Department upon the public file of the company maintained at the Companies Registry.
[Subs (6) substituted by Companies, etc. (Amendment) Act 2003 Sch 1 and amended by SD155/10 Sch 2.]
(7) Any person interested may within three weeks of a refusal to register a limited liability company under subsection (3)(a) or of being given a direction under subsection (3) (b) or (c), apply to the High Court for the refusal or direction to be set aside, and if the application to set aside a direction fails, the High Court may specify a period within which the direction shall be complied with, or may order that the Department change the name of the limited liability company upon the register to a name which is not undesirable, on such terms and conditions as seem to the High Court just and expedient.
[Subs (7) substituted by Companies, etc. (Amendment) Act 2003 Sch 1 and amended by SD155/10 Sch 2.]
(8) to (10) ……
[Subss (8) to (10) repealed by Companies, etc. (Amendment) Act 2003 Sch 1.]