Priya, Smita, Shilpa, and Shefali were partners in Sharma & Associates LLP. Shilpa resigned from the firm effective 7 th May 2024. However,…

CA Intermediate · Corporate and Other Laws · MTP · September 2024
Priya, Smita, Shilpa, and Shefali were partners in Sharma & Associates LLP. Shilpa resigned from the firm effective 7 th May 2024. However, neither Sharma & Associates LLP nor Shilpa informed the Registrar of Companies about her resignation. Is Shilpa still liable for any losses incurred by the firm from transactions entered into after 7 th May 2024? Analyze this situation with reference to the provisions of the Limited Liability Partnership Act, 2008.

Suggested Answer and Working Notes:

(a) According to section 24 (3) of the Limited Liability Partnership Act, 2008, where a person has ceased to be a partner of a LLP (hereinafter referred to as 'former partner'), the former partner is to be regarded (in relation to any person dealing with the LLP) as still being a partner of the LLP unless: (a) the person has notice that the former partner has ceased to be a partner of the LLP; or (b) notice that the former partner has ceased to be a partner of the LLP has been delivered to the Registrar. Hence, by virtue of the above provisions, as no notice of resignation was given to Registrar of Companies, Shilpa will still be liable for the loss of firm of the transactions entered after 7 th May 2024.

Topics: The Limited Liability Partnership Act, 2008

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