RC & TC LLP was incorporated on 8th May, 2022, with 5 partners. All partners are qualified professionals and have identified profit sharing in the partnership. One of the partners, by forged signature, applied for st
CS Executive · Setting up of Business Entities and Closure · PYQS · December 2024
RC & TC LLP was incorporated on 8th May, 2022, with 5 partners. All partners are qualified professionals and have identified profit sharing in the partnership. One of the partners, by forged signature, applied for striking off the name of LLP, without informing any other partner. He was an active partner and looking after all compliances with statutory authorities. RoC inadvertently removed the name of the LLP. One of the partners was informed by his friend about such action by RoC. The other partners now want to restore the name of RC & TC LLP with jurisdictional RoC. What are the steps to be taken ?
Answer & Explanation:
The ROC can suo moto after issuing the notice under section 75, strike off the name of the LLP. In such a case, it may happen that the name of the LLP may be struck off even though the LLP is active, but the ROC removed the name of the LLP from the Register, either inadvertently or due to incorrect information furnished by the LLP or its partners. In such a case, there is no relief provided in the Limited Liability Partnership Act, 2008 or in the Limited Liability Partnership Rules, 2009 to restore the name of the LLP in the Register, hence, the partners of such LLP have to approach the jurisdictional High Court by filing writ petition under Article 226 of the Constitution of India for restoration of the name of the LLP in the Register of LLP.
Topics: Limited Liability Partnership (LLP)
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