TMI BlogSTRIKING OFF NAME OF DEFUNCT LLPX X X X Extracts X X X X X X X X Extracts X X X X ..... artnership and all its partners, of his intention to strike off the name of the limited liability partnership from the register and requesting them to send their representations along with copies of the relevant documents, if any, within a period of one month from the date of the notice: Provided that no such notice by Registrar shall be required under clause (b): Provided further that where the limited liability partnership is regulated under a special law, the application for removal of its name shall be accompanied by approval of the regulatory body constituted or established under that law. 1 [(1A) The limited liability partnership referred to in clause (b) of sub-rule (1) of rule 37 shall,- (I) file overdue returns in Form ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... business and has filed such return. (d) copy of the initial limited liability partnership agreement, if entered into and not filed, along with changes thereof in cases where the Limited Liability Partnership has not commenced business or commercial operations since its incorporation. Explanation. -The date of cessation of commercial operation is the date from which the Limited Liability Partnership ceased to carry on its revenue generating business and the transactions such as receipt of money from debtors or payment of money to creditors, subsequent to such cessation will not form part of revenue generating business.] (2) A notice issued under sub-rule (1) or contents of an application made by the LLP shall also be placed on the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... order removing the name of the limited liability partnership from the register. (5) The liability, if any, of every designated partner of the limited liability partnership dissolved under sub-rule (3), shall continue and may be enforced as if the limited liability partnership had not been dissolved. (6) Nothing in this rule shall affect the power of the Tribunal to wind up a limited liability partnership the name of which has been struck off the register. Explanation.- In computing the period of 30 days from the date of order, the requisite time for obtaining a certified copy of order shall be excluded. ------------------ Notes:- 1. Inserted vide F. No. 17/61/2016-CL-V - G.S.R. 470(E ..... X X X X Extracts X X X X X X X X Extracts X X X X
|