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CS Professional · Corporate Restructuring, Valuation and Insolvency · Strike Off and Restoration of Name of the Company and LLP

The Registrar has reasonable cause to believe that Sagar Consultants LLP is not carrying on business or operation as required under the LLP Act, 2008. What must the Registrar do before striking off its name under section 75 of that Act?

The Registrar must give the LLP a reasonable opportunity of being heard before striking off its name. Section 75 of the LLP Act, 2008 makes this a proviso to his power to strike off a defunct LLP that he reasonably believes is not carrying on business.

  1. AObtain the Tribunal's prior approval
  2. BGive the LLP a reasonable opportunity of being heardCorrect
  3. CWait twenty years from registration
  4. DObtain the consent of every creditor

Explanation

Section 75 of the LLP Act, 2008 allows the Registrar to strike off a defunct LLP when he has reasonable cause to believe it is not carrying on business or operation. The proviso requires him first to give the LLP a reasonable opportunity of being heard. No Tribunal approval, waiting period or creditor consent is mentioned.

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