CMA Intermediate · Business Laws and Ethics · Limited Liability Partnership Act, 2008
A compromise is proposed between an LLP and its creditors. The Tribunal orders a creditors' meeting. What majority at the meeting is needed so that the compromise, if sanctioned by the Tribunal, binds all the creditors?
A majority representing three-fourths in value of the creditors at the meeting must agree, and the Tribunal must then sanction the compromise. Once sanctioned, it binds all creditors and the LLP. Two-thirds or unanimity is not the statutory requirement.
- AA majority representing three-fourths in value of the creditors at the meetingCorrect
- BA simple majority in number of the creditors at the meeting
- CA majority representing two-thirds in value of the creditors at the meeting
- DUnanimous consent of all the creditors
Explanation
The Act requires a majority representing three-fourths in value of the creditors (or partners) at the meeting, plus sanction by the Tribunal. Two-thirds is the wrong fraction and unanimity is not required.
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