CMA Intermediate · Business Laws and Ethics · Limited Liability Partnership Act, 2008
Once the Registrar issues the certificate of incorporation under the LLP Act, 2008, the certificate is:
The certificate of incorporation is conclusive evidence that the LLP is incorporated by the name specified in it. It is not merely prima facie evidence, so it cannot be rebutted on the basis that incorporation requirements were not met.
- AConclusive evidence that the LLP is incorporated by the name specified in itCorrect
- BPrima facie evidence only, open to rebuttal by any partner
- CValid only until the first annual return is filed
- DEvidence of incorporation but not of the name of the LLP
Explanation
Section 12(4) states that the certificate is conclusive evidence that the LLP is incorporated by the name specified therein. It is not merely prima facie, and it is not limited in time by the Act.
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