Draft documents required for execution of in case of death of designated partner & Partner in an LLP

    Posted By : Damini / Published on : 07-Jul-2020 08:10 AM / View : 38 / Comment : 0
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    Can anyone please provide me draft documents required for execution of event in case of death of designated partner & Partner in an LLP under llp act, 2008 . we want to execute the death case of partner and appointment of new designated partner in his place and intimate and get it done with ROC , MCA and Other Goverment Authorities .

    can you please send me step wise process along with draft documentations .

    when to surrender his DPIN etc

    accounting treatments and other things i am aware of need legal aspects to be done with ROC AND MCA . part - VIII OF LLP RULES , CESSATION OF PARTNERSHIP INTEREST WILL COME INTO PLAY STILL NEED STAGES AND DETAILED PROCESS AND DRAFT DOCUMENTATIONS .

    PLEASE HELP ME IN THIS REGARD ITS VERY URGENT .

    24. CESSATION OF PARTNERSHIP INTEREST.—(1) A person may cease to be a partner of a limited liability partnership in accordance with an agreement with the other partners or, in the absence of agreement with the other partners as to cessation of being a partner, by giving a notice in writing of not less than thirty days to the other partners of his intention to resign as partner. (2) A person shall cease to be a partner of a limited liability partnership— (a) on his death or dissolution of the limited liability partnership; or (b) if he is declared to be of unsound mind by a competent court; or (c) if he has applied to be adjudged as an insolvent or declared as an insolvent. (3) Where a person has ceased to be a partner of a limited liability partnership (hereinafter referred to as "former partner"), the former partner is to be regarded (in relation to any person dealing with the limited liability partnership) as still being a partner of the limited liability partnership unless— (a) the person has notice that the former partner has ceased to be a partner of the limited liability partnership; or (b) notice that the former partner has ceased to be a partner of the limited liability partnership has been delivered to the Registrar. 12 (4) The cessation of a partner from the limited liability partnership does not by itself discharge the partner from any obligation to the limited liability partnership or to the other partners or to any other person which he incurred while being a partner. (5) Where a partner of a limited liability partnership ceases to be a partner, unless otherwise provided in the limited liability partnership agreement, the former partner or a person entitled to his share in consequence of the death or insolvency of the former partner, shall be entitled to receive from the limited liability partnership— (a) an amount equal to the capital contribution of the former partner actually made to the limited liability partnership; and (b) his right to share in the accumulated profits of the limited liability partnership, after the deduction of accumulated losses of the limited liability partnership, determined as at the date the former partner ceased to be a partner. (6) A former partner or a person entitled to his share in consequence of the death or insolvency of the former partner shall not have any right to interfere in the management of the limited liability partnership.
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