Strike off LLP- Death of Designated Partner

[CS dipti Bhatt]

Dear Members,

In case of death of one out of two designated partner in LLP, and it want to go for strike off :

whether it can go directly ?

or 

first, it has to appoint another DP in place of deceased partner & than go for strike off ?

Please guide.

thanks & regards,

CS Dipti Bhatt

[C.K.Riju & Co.]

Dear Sir, 

Limited Liability Partnership exists when there are two or more partners. When One out of the 2 designated partners expires, then another new partner to be appointed in place of the casual vacancy and then proceed for closure of LLP, would be adequate.

C.K.Riju B.Com., FCS

Practising Company Secretary

C.K.Riju & Co.

Company Secretaries

4N, Prof. Subramani Street, 

Kilpauk, Chennai-10.

Cell: 96000 64707

Email ID: rij...@gmail.com

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[CS dipti Bhatt]

Dear Members,

It's already one year passed, from the death of the DP, & it has no business since incorporation. 

As per rule, we need to intimate to ROC, within 6 months.

Is there any other way for strike off directly?

Can you through some light as per below: 

“Section 42(c) of the Partnership Act can appropriately be applied to a’ partnership where there are more than two partners. If one of them dies, the firm is dissolved; but if there is a contract to the contrary, the surviving partners will continue the firm. On the other hand, if one of the two partners of a firm dies, the firm automatically comes to an end and, thereafter, there is no partnership for a third party to be introduced therein and, therefore, there is no scope for applying cl. (c) of s. 42 to such a situation. It may be that pursuant to the wishes of the directions of the deceased partner the surviving partner may enter into a new partnership with the heir of the deceased partner, but that would constitute a new partnership.    

Please guide how to go ahead.

thanks,

CS Dipti Bhatt

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[Premnarayan Tripathi]

In my view, meet the concerned ROC.

 

Everything will be clear.

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