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51. Power of registrar to strike-off limited liability partnerships from the register

(1) Notwithstanding any provision of this Act, if the Registrar has reason to believe that-

   (a) a limited liability partnership is not carrying on business or is not in operation;

   (b) a limited liability partnership has contravened this Act;

   (c) it is prejudicial to the national interests for a limited liability partnership to remain on the register;

   (d) there is no liquidator acting in cases of winding-up by the court as specified under paragraph 49(1)(b); or

   (e) the affairs of a limited liability partnership are fully wound-up under section 49 or 50 and there are no assets or the assets available are not sufficient to pay the costs of obtaining an order of the court dissolving the limited liability partnership, he may serve a notice on the limited liability partnership notifying that its name may be struck-off the register unless the limited liability partnership gives reasons why its name should not be struck-off the register within thirty days of the date specified in the notice or a longer period as extended by the Registrar.
 
(2) The Registrar may strike the name of the limited liability partnership off the register after the expiration of the period specified in the notice or such longer period as extended under subsection (1), if he-
 
   (a) receives a confirmation from the limited liability partnership or its partner that the limited liability partnership is no longer carrying on business or is not in operation;
 
   (b) receives no reply from the limited liability partnership to the notice referred to in subsection (1); or
 
   (c) is not satisfied with the reasons as to why the name of the limited liability should not be struck-off.
 
(3) Where the name of a limited liability partnership has been struck-off the register under this section-
   (a) the liability of every partner continues and may be enforced as if the name of the limited liability partnership had not been struck-off; and
 
   (b) the limited liability partnership is deemed to have been dissolved.

 

Amit R Gupta

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