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

Under the Limited Liability Partnership Act, 2008, the Registrar believes that Sunrise Consultants LLP is not carrying on business or operation. Which statement about striking off its name under section 75 is correct?

The Registrar may strike off a defunct LLP's name in the prescribed manner when he has reasonable cause to believe it is not carrying on business, but the proviso to section 75 requires giving the LLP a reasonable opportunity of being heard before doing so.

  1. AThe Registrar may strike off the name only after the LLP has been wound up by the Tribunal
  2. BThe Registrar may strike off the name only on the written application of all designated partners
  3. CThe Registrar may strike off the name without any notice, as the LLP is defunct
  4. DThe Registrar may strike off the name in the prescribed manner, but must first give the LLP a reasonable opportunity of being heardCorrect

Explanation

Section 75 empowers the Registrar, where he has reasonable cause to believe an LLP is not carrying on business or operation, to strike off its name in the prescribed manner. The proviso requires that a reasonable opportunity of being heard be given before striking off. Neither winding up nor partners' application is a precondition.

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