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Removal of Partner

at Just

4724

Expected To Be Complete* : 15 Jun 2024

Including Govt. Fees of Form-3 and Form-4

Documents Required

  1. DSC
  2. Pain 
  3. Aadhar 
  4. Email id 
  5. Phone No.

Deliverable

  1. Supplementary Deed
  2. Update Master Data
  3. Challan of form 3 and 4 

 

Process

  • Collection of Documents
  • Preparation of Documents 
  • Online filing form 4and 3

Time Taken

15 days post submission of documensts

Removal of Partner from LLP: Understanding the Process and Legal Implications

As an LLP (Limited Liability Partnership) is a business structure that operates on the basis of partnership, it is important to ensure that all partners contribute their fair share towards the growth and success of the business. However, there may be situations where one of the partners may not be fulfilling their responsibilities or may engage in activities that can cause harm to the business. In such cases, the removal of the partner from the LLP may become necessary. In this article, we will discuss the process of removing a partner from an LLP, the legal implications involved, and other relevant aspects that one needs to keep in mind.

Understanding the Concept of LLP and Partnership

Before delving into the details of removing a partner from an LLP, it is essential to understand the concept of an LLP and partnership. An LLP is a legal entity that combines the features of a partnership and a company. It provides the partners with limited liability, which means that their personal assets are protected in case of any legal or financial liabilities incurred by the business. A partnership, on the other hand, is an agreement between two or more persons who come together to carry on a business with a view to making a profit.

Why Removal of Partner from LLP May Become Necessary

While an LLP operates on the principles of mutual trust and cooperation, there may be situations where one of the partners may engage in activities that can cause harm to the business. Some of the common reasons for removing a partner from an LLP may include:

1. Non-performance or underperformance of the partner

2. Breach of trust or breach of the partnership agreement

3. Misconduct or unethical behavior by the partner

4. Conflict of interest or incompatible goals between partners

5. Death or incapacity of the partner

Steps Involved in Removing a Partner from LLP

The process of removing a partner from an LLP involves the following steps:

Step 1: Check the Partnership Agreement

The first step in removing a partner from an LLP is to check the partnership agreement. The agreement may have specific provisions that govern the removal of a partner. If the partnership agreement does not have any such provisions, the provisions of the Limited Liability Partnership Act, 2008, will apply.

Step 2: Call a Meeting of Partners

The next step is to call a meeting of all partners to discuss the removal of the partner. The partner who is being removed should be given prior notice of the meeting and should be allowed to attend the meeting to put forward their case.

Step 3: Pass a Resolution for Removal

After the meeting, a resolution for the removal of the partner should be passed. The resolution should be passed by a majority of the partners who hold at least 75% of the total voting rights of the LLP.

Step 4: File Form 4 with the Registrar of Companies

Once the resolution for removal is passed, Form 4 should be filed with the Registrar of Companies within 30 days. The form should contain the details of the partner who is being removed and the reasons for their removal.

Step 5: Update LLP Agreement

After the removal of the partner, the LLP agreement should be updated to reflect the change in the partnership. The new agreement should be signed by all partners and filed with the Registrar of Companies.

Legal Implications of Removing a Partner from LLP

Removing a partner from an LLP can have several legal implications. Some of these implications are:

1. The partner who is being removed may challenge the decision in court if they feel that the removal is unjustified or illegal.

2. The LLP may have to pay compensation to the partner who is being removed if they have a share in the LLP's assets.

3. The LLP may have to undergo a re-registration process with the Registrar.

FAQs of Removal of Partner

Removing a partner typically means ending a romantic or business relationship with them.
This depends on the nature of your relationship and the specific circumstances. In some cases, a conversation may be sufficient, while in others, legal action may be necessary. It's important to seek guidance from a trusted friend, family member, or professional if you're unsure how to proceed.

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