A limited liability partnership was formed by B, a resident individual with 2 more body corporates as its partners. The Registrar refused registration. Is the Registrar justified in so doing? Explain with reference to th
CS Executive · Company Law · PYQS · June 2019
A limited liability partnership was formed by B, a resident individual with 2 more body corporates as its partners. The Registrar refused registration. Is the Registrar justified in so doing? Explain with reference to the relevant legal provisions.
Answer & Explanation:
According to section 7 of the limited liability partnership Act, 2008 every limited liability partnership shall have at least two designated partners who are individuals and at least one of them should be a resident of India. However, in case of a limited liability partnership in which all the partners are body corporates, at least two partners shall nominate their respective individuals who are to act as designated partners and one of the nominees shall be a resident of India. In the instant case, both there is only one resident individual who is designated as partner and other two are body corporates. For the purposes of this section, the term "resident in India" means a person who has stayed in India for a period of not less than one hundred and eighty-two days during the immediately preceding one year. In the instant case, the LLP is formed with one resident individual who is designated as partner and other two are body corporates which does not fulfil the requirement of the Act- and B should bring another designated partner nominated by one of the body corporate who is Partner in the LLP to fulfil the requirement of the Act.
Topics: Limited Liability Partnership (LLP)
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