(i) Who are the individuals which shall not be capable of becoming a partner of a Limited Liability Partnership? (ii) What are the effects of…
CA Foundation · Business Laws · RTP · September 2026
(i) Who are the individuals which shall not be capable of becoming a partner of a Limited Liability Partnership? (ii) What are the effects of registration of Limited Liability Partnership?
Suggested Answer and Working Notes:
(i) Partners (Section 5 of Limited Liability Partnership Act, 2008): Any individual or body corporate may be a partner in a LLP. However, an individual shall not be capable of becoming a partner of a LLP, if— (a) he has been found to be of unsound mind by a Court of competent jurisdiction and the finding is in force; (b) he is an undischarged insolvent; or (c) he has applied to be adjudicated as an insolvent and his application is pending. (ii) Effect of registration (Section 14 of Limited Liability Partnership Act, 2008): On registration, a LLP shall, by its name, be capable of— (a) suing and being sued; (b) acquiring, owning, holding and developing or disposing of property, whether movable or immovable, tangible or intangible; (c) having a common seal, if it decides to have one; and (d) doing and suffering such other acts and things as bodies corporate may lawfully do and suffer.
Topics: The Limited Liability Partnership Act, 2008
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