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Modification of sections 90, 164, 165, 167, sub-section (5) of section 206, sub-section (3) of section 207, 252 and section 439 of the Companies Act,2013 (18 of 2013)

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..... shall apply to limited liability partnership, except where the context otherwise requires, with the modifications specified in Column (3) of the Table given below, from the date of publication of this notification in the Official Gazette, namely:- TABLE S. No. Part/Chapter/Section /Sub-section(s) in the Companies Act,2013 Modifications (1) (2) (3) 1. In section 90, in sub-section (1) to sub-section (11) (i) for the word shares , wherever it occurs, the word contribution shall be substituted; (ii) for the word company wherever it occurs, the words limited .....

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..... ntinue as a designated partner of that limited liability partnership or to become designated partner in other limited liability partnerships for a period of five years from the date on which the said company or limited liability partnership fails to do so: Provided that where a person becomes as a designated partner of a limited liability partnership which is in default of clause (a) or clause (b), he shall not incur disqualification for a period of six months from the date he becomes designated partner. 3. In section 165 Sub-section(1) for sub-section (1), the following shall be substituted, namely:- (1) No person s .....

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..... ate of this notification shall be substituted; Sub-section (6) In sub-section (6), (i) for the words accepts an appointment as a Director , the words becomes a designated partner shall be substituted; (ii) for the words liable to a penalty the words punishable with fine which shall not be less than five thousand rupees but which may extend to twenty five thousand rupees shall be substituted. 4. In section 167 Sub-section (1) (i) for the word director wherever it occurs, the words designated partner shall be substituted; (ii) for the word company where .....

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..... In section 207, sub-section (3) for the word company , the words limited liability partnership shall be substituted. 7. In section 252 Sub-section (1) (i) for the words and figures notifying a company as dissolved under section 248 the words and figures notifying a limited liability partnership as struck off and dissolved pursuant to section 75 shall be substituted; (ii) for the word company wherever it occurs, the words limited liability partnership shall be substituted; (iii) for the words register of companies wherever they occur, the words register of limited liability partnership .....

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..... (2), the following shall be substituted, namely:- (2) No court shall take cognizance of any offence under this Act which is alleged to have been committed by any limited liability partnership or any designated partners or partners or employee thereof, except on the complaint in writing of the Registrar, or a partner of limited liability partnership, or of a person authorised by the Central Government in that behalf: Provided that nothing in this sub-section shall apply to a prosecution by limited liability partnership of any of its officers . ; Sub-section (3) applicable without modification; Sub-section (4) for sub-se .....

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