The Registrar has suo moto struck off the name of M/s A2Z Solutions, a LLP from the register as Registrar has a reasonable cause to believe that the LLP is not carrying on any business for last two years. Being aggrieved

CS Executive · Setting up of Business Entities and Closure · PYQS · December 2018
The Registrar has suo moto struck off the name of M/s A2Z Solutions, a LLP from the register as Registrar has a reasonable cause to believe that the LLP is not carrying on any business for last two years. Being aggrieved by the order of Registrar, the LLP wants to file an appeal before National Company Law Tribunal (NCLT) for restoration of the name of the LLP in the Registrar of Partnership maintained by the Registrar. Referring to the provisions of the Limited Liability Partnership Act, 2008, advise the company on the procedure to be followed for making an application to NCLT.

Answer & Explanation:

Section 75 of the Limited Liability Partnership Act, 2008 read with Rule 37 of Limited Liability Partnership Rules, 2009 provides for the procedure, powers of striking off the name of the LLP and restoration thereof in case of unjustified removal of the name of LLP. Rule 37 of the Limited Liability Partnership Rules, 2009 provides that if an LLP, or any partner or creditor thereof, feels aggrieved by the LLP having been struck off the register, the National Company Law Tribunal (NCLT), on an application made by the LLP Partner or Creditor before the expiry of five years from the publication in the Official Gazette of the notice aforesaid, may, if satisfied that the LLP was, at the time of the striking off, carrying on business or in operation or otherwise that it is just that the LLP be restored to the register, order the name of the LLP to be restored to the register; and the NCLT may, by order, give such directions and make such provisions as seem just for placing the LLP and all other partners in the same position as nearly as may be as if the name of the LLP had not been struck off. Procedure for making application to NCLT An application is to be filed before Hon'ble bench of NCLT where the registered office of the LLP is situated, in form NCLT 9. Such an application should be accompanied by various documents proving that the LLP is an active LLP and that the name of the LLP should be restored in the Register. A copy of application or appeal is required to be sent to the Registrar concerned. Registrar may send his report to NCLT as to his comments and views on the restoration of the name of the LLP NCLT after hearing all the parties shall pass an appropriate order for restoration of the name of the LLP in the register. Hence, it is clarified that M/s A2Z Solutions can make an application to NCLT since 5 years has not been lapsed and still eligible to file the same.

Topics: Limited Liability Partnership (LLP)

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