XYZ LLP was incorporated on 15 th March, 2023, with its registered office in Mumbai. The LLP received a legal notice from a supplier at this…

CA Intermediate · Corporate and Other Laws · MTP · May 2025
XYZ LLP was incorporated on 15 th March, 2023, with its registered office in Mumbai. The LLP received a legal notice from a supplier at this address. However, the partners claim they never received the notice, as they had shifted their office to Pune on 10 th January, 2024, but had not informed the Registrar about the change. Based on the provisions of the provisions of the Limited Liability Partnership (LLP) Act, 2008, advise whether the service of notice at the Mumbai address is legally valid.

Suggested Answer and Working Notes:

Registered Office of LLP and Change therein As per section 13 of the Limited Liability Partnership Act, 2013, (1) Every LLP shall have a registered office to which all communications and notices may be addressed and where they shall be received. (2) A document may be served on a LLP or a partner or designated partner thereof by sending it by post under a certificate of posting or by registered post or by any other manner, as may be prescribed, at the registered office and any other address specifically declared by the LLP for the purpose in such form and manner as may be prescribed. (3) A LLP may change the place of its registered office and file the notice of such change with the Registrar in such form and manner and subject to such conditions as may be prescribed and any such change shall take effect only upon such filing. In the given question, the registered office of XYZ LLP is at Mumbai. Further, the question informs that the LLP has shifted their office to Pune. In the light of the provisions of the Act and the facts of question, the registered office of XYZ LLP will be Mumbai as it is registered with the Registrar. The changed office to Pune cannot be treated as a registered office. Thus, the service of notice at the Mumbai address is legally valid.

Topics: The Limited Liability Partnership Act, 2008

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