XYZ LLP, a well-established limited liability partnership, had two designated partners, Aditi and Rajiv. On 15 th January, 2025, Rajiv resigned due…

CA Intermediate · Corporate and Other Laws · RTP · May 2025
XYZ LLP, a well-established limited liability partnership, had two designated partners, Aditi and Rajiv. On 15 th January, 2025, Rajiv resigned due to personal reasons, leaving Aditi as the only designated partner in the LLP. The remaining partners were aware of their responsibility to appoint a new designated partner as per the requirement of the Limited Liability Partnership (LLP) Act, 2008. However, due to internal disagreements, they failed to appoint a new designated partner within the prescribed time frame. On 20 th February 20, 2025, the Registrar of Companies (ROC) issued a notice to XYZ LLP, seeking clarification on its compliance status regarding the appointment of the designated partner. As per the LLP Act, 2008, choose the correct option if XYZ LLP fails to appoint a second designated partner within the prescribed time period.
(A) The LLP will automatically be dissolved by the ROC, if one more designated partner is not appointed by 30 th January 2025.
(B) Aditi will be removed as the designated partner, and the LLP will be treated as a normal partnership firm.
(C) If one more designated partner is not appointed within 30 days of a vacancy, each partner of XYZ LLP will be deemed a designated partner and will be held responsible for compliance requirements.
(D) XYZ LLP will be fined - 10,00,000 immediately for non-compliance, and the ROC will appoint all new designated partners.

Suggested Answer and Working Notes:

Correct Answer: Option (C)

If one more designated partner is not appointed within 30 days of a vacancy, each partner of XYZ LLP will be deemed a designated partner and will be held responsible for compliance requirements.

Topics: The Limited Liability Partnership Act, 2008, Registration of Charges

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