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

The Registrar of Companies has reasonable cause to believe that Orchid Ventures LLP is not carrying on business or operation. What must the Registrar do before striking off its name under the Limited Liability Partnership Act, 2008?

The Registrar must give the LLP a reasonable opportunity of being heard before striking off its name. Section 75 of the LLP Act permits strike off where the LLP is believed not to be carrying on business, but the hearing is a mandatory safeguard.

  1. AObtain an order of the Tribunal
  2. BGive the LLP a reasonable opportunity of being heardCorrect
  3. CObtain the consent of all creditors
  4. DWait for the LLP to apply for dormant status

Explanation

Under section 75 of the LLP Act, 2008, where the Registrar has reasonable cause to believe the LLP is not carrying on business or operation, the name may be struck off in the prescribed manner. The proviso requires that the LLP first be given a reasonable opportunity of being heard. No Tribunal order or creditor consent is required.

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