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CSEET · Business Laws and Management · Elements of Law relating to Partnership and Limited Liability Partnership

Under Section 12(4) of the LLP Act, 2008, what is the legal effect of the certificate of incorporation issued by the Registrar?

The certificate of incorporation is conclusive evidence that the limited liability partnership is incorporated by the name specified in it. It is signed by the Registrar and authenticated by his official seal, and cannot be treated as merely prima facie evidence.

  1. AIt is prima facie evidence only, which can be rebutted by any person
  2. BIt is conclusive evidence that the LLP is incorporated by the name specified in itCorrect
  3. CIt is evidence only of the registered office address
  4. DIt is valid only until the LLP agreement is filed

Explanation

Section 12(4) states that the certificate is conclusive evidence that the LLP is incorporated by the name specified therein. It is therefore not merely prima facie evidence, and it is not limited to the office address or the filing of the LLP agreement.

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