Check list of Revival of LLP
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Ram PGSJ
Jul 5, 2019, 3:59:30 AM7/5/19
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Hello everyone
Anyone have check list of revival of Strike-off LLP. please share if anyone have on : ramp...@gmail.com
Rupesh Mahadeshwar
Jul 5, 2019, 8:50:13 AM7/5/19
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There is no provision for revival of LLP under LLP Act
On Fri, Jul 5, 2019 at 1:29 PM Ram PGSJ <ramp...@gmail.com> wrote:
Hello everyoneAnyone have check list of revival of Strike-off LLP. please share if anyone have on : ramp...@gmail.com
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CS A Rengarajan
Jul 5, 2019, 1:18:33 PM7/5/19
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Please file an application for revival of LLP under Section 465 (1) of the Companies Act 2013 as well as 560 (6) of the companies act 1956
Regards
465. (1) The Companies Act, 1956 and the Registration of Companies (Sikkim) Act, 1961 (hereafter in this section referred to as the repealed enactments) shall stand repealed:
Provided that the provisions of Part IX A of the Companies Act,1956 shall be applicable mutatis mutandis to a Producer Company in a manner as if the Companies Act, 1956 has not been repealed until a special Act is enacted for Producer Companies:
Provided further that until a date is notified by the Central Government under subsection (1) of Section 434 for transfer of all matters, proceedings or cases to the Tribunal, the provisions of the Companies Act, 1956 in regard to the jurisdiction, powers, authority and functions of the Board of Company Law Administration and court shall continue to apply as if the Companies Act, 1956 has not been repealed:
Provided also that provisions of the Companies Act, 1956 referred in the notification issued under section 67 of the Limited Liability Partnership Act, 2008 shall, until the relevant notification under such section applying relevant corresponding provisions of this Act to limited liability partnerships is issued, continue to apply as if the Companies Act, 1956 has not been repealed.
Section 67(1) in The Limited Liability Partnership Act, 2008
(1) The Central Government may, by notification in the Official Gazette, direct that any of the provisions of the Companies Act, 1956 (1 of 1956) specified in the notification-
(a) shall apply to any limited liability partnership; or
(b) shall apply to any limited liability partnership with such exception, modification and adaptation, as may be specified, in the notification
Section 560 (6) If a company, or any member or creditor thereof, feels aggrieved by the company having been struck off the register, the Court, on an application made by the company, member or creditor before the expiry of twenty years from the publication in the Official Gazette of the notice aforesaid, may, if satisfied that the company was, at the time of the striking off, carrying on business or in operation or otherwise that it is just that the company be restored to the register, order the name of the company to be restored to the register; and the Court may, by the order, give such directions and make such provisions as seem just for placing the company and all other persons in the same position as nearly as may be as if the name of the company had not been struck off.
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Ram PGSJ
Jul 6, 2019, 1:54:31 AM7/6/19
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Thankx a lot Sir..
Bharadwaj Reddy
Jul 6, 2019, 2:43:37 AM7/6/19
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Hello sir,
Am sorry if am expressing my view to the contrary that is been stressfully explained by some learned friends here on this platform.
Even though several sections and avenues of possibilities have been quoted implying that an application can be made to ROC for revival of LLP in absence of provision for reviving LLP and those quoted sections demand a notification by government or some initiative act by executive authority.
And we can seek application subsequent to the said notification of the government directing the interested parties to make application under old companies act.
However in the present case we are not aware or atleast I have not informed myself that no such notification has been issued by the government or any of its relevant departments.
Solution offered by me: to challenge the proceedings of the order of ROC striking off the LLP before the high court or Supreme Court invoking the jurisdiction of writ.
Caution: but there must be appropriate explanation
a. why are you guys coming court after LLP has been struck off and
b. what did you when strike off notice was issued?
C. Why did the LLP dint comply with compliance’s and what circumstances prevented it from complying?
D. What is the urgent need as of now to revive the LLP
The only answer that you must give is....
Thankx a lot Sir..
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CS A Rengarajan
Jul 6, 2019, 3:21:50 AM7/6/19
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please note that there are provisions in LLP act for revival and we have recently revived one LLP . I have replied the mail based on the facts with me without which I will never write in the forum.
please write to me what is your clarification for the same
regards
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Deepak Singhal
Jul 6, 2019, 3:30:23 AM7/6/19
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So should we file the same to NCLT or to ROC
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Thanks & Regards
CS Deepak Singhal
Deepak Singhal & Associates
(Company Secretaries)
CS Deepak Singhal
Deepak Singhal & Associates
(Company Secretaries)
Office No.310, H block, Sushant Arcade, Sushant Lok Phase – 1,
Gurugram – 122 002 (Haryana)
Landmark: Near at HUDA City Metro Station
Google Location Link:
Please consider the environment before printing this e-mail Rupesh Mahadeshwar
Jul 6, 2019, 3:33:36 AM7/6/19
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Respected Rengarajan sir
Thank you for sharing your expirience with respect to your provisions for revival of LLP,
I would request you for sharing of order copy or name of LLP revived, the reason because we have tried filing of revivial of LLP in Mumbai NCLT, where member directed to bring some relevant provision or order were LLP revived by NCLT
can you pls share name of LLP revived ?
On Sat, Jul 6, 2019 at 12:51 PM CS A Rengarajan <csaren...@gmail.com> wrote:
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Bharadwaj Reddy
Jul 6, 2019, 3:51:53 AM7/6/19
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Hello sir,
Firstly My apologies to Rangarajan sir! if at all my tone or tenor offending you personally in an attempt seeking knowledge or as a matter of fact clarification.
But With all due respect, may I request our learned friend and senior Rangarajan sir to cite
A.the relevant rule position or
B.provision of the act or
C.citation or unreported judgement
D.along with link
On what basis the Revival of the LLP happened once it was struck off and in the absence of govt notification or internal memo circulated among officials in registrar of companies.
and can kindly help enlighten young professionals.
In addition I would suggest that a separate enactment for LLP was made on recommendations of NARESH CHANDRA COMMITTEE.
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