MCA Update – Limited Liability Partnership (Amendment) Rules, 2024

Rule NoLimited Liability Partnership Rules, 2009Limited Liability Partnership (Amendment) Rules, 2024.Comments
Rule 37 in sub rule (1) clause (b)                      Provisofor a period of one year or more and has made an application in Form 24 to the Registrar , with the consent of all partners of the limited liability partnership for striking off its name from the register, the Registrar shall send a notice to the limited liability partnership 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)for a period of one year or more and has made an application in Form 24 to the Registrar, the Centre for Processing Accelerated Corporate Exit with the consent of all partners of the limited liability partnership for striking off its name from the register, the Registrar shall send a notice to the limited liability partnership 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 Centre for Processing Accelerated Corporate Exit shall be required under clause (b) After the word “Registrar”, the words “the Centre for Processing Accelerated Corporate Exit” is inserted
Explanation is inserted, for the purposes of this sub-rule, the Centre for Processing Accelerated Corporate Exit means the office of Centre for Processing Accelerated Corporate Exit established by the Central Government, vide notification number S.O. 1269(E), dated 17th March, 2023 issued under sub-sections (1) and (2) of section 396 of the Companies Act, 2013 (18 of 2013) 
Sub rule (3)At the expiry of the time mentioned in the notice under sub-rule (1), or one month under sub-rule (2) above, the Registrar may, by an order, unless cause to the contrary is shown by the limited liability partnership, or the Registrar is satisfied that the name should not be struck off from the register, strike its name off the register, and shall publish notice thereof in the Official Gazette, and on the publication in the Official Gazette of this notice, the limited liability partnership shall stand dissolved.At the expiry of the time mentioned in the notice under sub-rule (1), or one month under sub-rule (2) above, the Registrar or the Centre for Processing Accelerated Corporate Exit as the case may be may, by an order, unless cause to the contrary is shown by the limited liability partnership, or the Registrar or the Centre for Processing Accelerated Corporate Exit as the case may be is satisfied that the name should not be struck off from the register, strike its name off the register, and shall publish notice thereof in the Official Gazette, and on the publication in the Official Gazette of this notice, the limited liability partnership shall stand dissolvedAfter the word “Registrar” occurring at both places, the words “or the Centre for Processing Accelerated Corporate Exit, as the case may be” is inserted;
Sub- rule (4)The Registrar, before passing an order under sub-rule (3), shall, where he has sufficient cause to believe that the limited liability partnership has any asset or liability, satisfy himself that sufficient provision has been made for the realisation of all amount due to the limited liability partnership and for the payment or discharge of its liabilities and obligations by the limited liability partnership within a reasonable time and, if necessary, obtain necessary undertakings from the designated partner or partner or other persons in charge of the management of the limited liability partnership: The Registrar, or the Centre for Processing Accelerated Corporate Exit, as the case may be before passing an order under sub-rule (3), shall, where he has sufficient cause to believe that the limited liability partnership has any asset or liability, satisfy himself that sufficient provision has been made for the realisation of all amount due to the limited liability partnership and for the payment or discharge of its liabilities and obligations by the limited liability partnership within a reasonable time and, if necessary, obtain necessary undertakings from the designated partner or partner or other persons in charge of the management of the limited liability partnership: After the word “Registrar” occurring at both places, the words “or the Centre for Processing Accelerated Corporate Exit, as the case may be” is inserted

Link – https://www.mca.gov.in/bin/dms/getdocument?mds=mvMzerxrXhRIKJfJXltgrg%253D%253D&type=open

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