Limited Liability Partnership (Winding up and Dissolution) Rules, 2010


Section
Section Title
  INTRODUCTION
  1 Short title and commencement View Judgements
  2 Definitions View Judgements
  3 Forms View Judgements
  title PART II : MODES OF WINDING UP View Judgements
  4 Modes of winding up View Judgements
  title PART III : VOLUNTARY WINDING UP View Judgements
  5 Circumstances in which LLP may be wound up voluntarily View Judgements
  6 Commencement of voluntary winding up and filing up of statement of affairs View Judgements
  7 Declaration of solvency in case of proposal to wind up voluntarily View Judgements
  8 Meeting of creditors View Judgements
  9 Publication of resolution to wind up voluntarily View Judgements
  10 Appointment and removal of LLP Liquidator View Judgements
  11 Filling up of vacancy in office of LLP Liquidator View Judgements
  12 Notice of appointment of LLP Liquidator to be given to Registrar View Judgements
  13 Designated partner's and other partner's power to cease on appointment of LLP Liquidator View Judgements
  14 Duties of LLP Liquidator View Judgements
  15 Audit of the LLP liquidator's Account View Judgements
  16 Appointment of committees View Judgements
  17 LLP Liquidator to submit report on progress of winding up View Judgements
  18 Report of LLP Liquidator to Tribunal for examination of persons View Judgements
  19 Dissolution of LLP View Judgements
  20 LLP Liquidator to accept contribution, etc., as consideration for sale of property of LLP View Judgements
  21 Distribution of property of LLP View Judgements
  22 Arrangement between LLP and creditors View Judgements
  23 Application to Tribunal View Judgements
  24 Costs of voluntary winding up View Judgements
  title PART IV : WINDING UP BY THE TRIBUNAL View Judgements
  25 Inability to pay debts View Judgements
  26 Petition for winding up View Judgements
  27 Powers of Tribunal View Judgements
  28 Directions for filing statement of affairs View Judgements
  29 'Liquidators' and their appointments View Judgements
  30 Removal and replacement of liquidator, etc View Judgements
  31 Winding up order to be communicated to the liquidator and the Registrar View Judgements
  32 Winding up to operate in favour of all creditors and partners View Judgements
  33 Jurisdiction of Tribunal View Judgements
  34 Submission of report by Liquidator View Judgements
  35 Directions of Tribunal on report of Liquidator etc View Judgements
  36 Custody of LLP's properties View Judgements
  37 Partners, officers, employees, etc. to discover and deliver property, books, etc. and to cooperate with Liquidator View Judgements
  38 Application of assets View Judgements
  39 Committee of inspection View Judgements
  40 Submission of periodical reports, etc. to the Tribunal View Judgements
  41 Duties of Liquidator View Judgements
  42 Provision for assistance to Liquidator View Judgements
  43 Exercise and control of Liquidator's powers and duties View Judgements
  44 Books to be kept by Liquidator View Judgements
  45 Audit of Liquidator's accounts View Judgements
  46 Payment of debts due by partner View Judgements
  47 Adjustment of rights of partners View Judgements
  48 Control of Central Government over official liquidator as liquidator View Judgements
  49 Inspection or investigation of books of accounts and records of the Liquidator View Judgements
  title PART V : PROVISIONS APPLICABLE TO EVERY MODE OF WINDING UP View Judgements
  50 Debts of all descriptions to be admitted to proof View Judgements
  51 LLP Liquidator or Liquidator to exercise certain powers subject to sanction View Judgements
  52 Statement that a LLP is in liquidation View Judgements
  53 Books and papers of LLP to be evidence View Judgements
  54 Inspection of books and papers by creditors and partners View Judgements
  55 Disposal of books and papers of LLP View Judgements
  56 Information as to pending liquidations View Judgements
  57 Liquidator to make payments into public account of India in the Reserve bank of India or any designated Scheduled bank View Judgements
  58 LLP Liquidator to make payments into Scheduled Bank View Judgements
  59 Liquidator or LLP Liquidator not to deposit monies into private bank account View Judgements
  60 Unpaid and Undistributed Assets Account View Judgements
  61 Meetings to ascertain wishes of creditors or partners View Judgements
  62 LLP Liquidator or Liquidator to make returns, etc View Judgements
  63 Court, Tribunal or person, etc. before whom affidavit may be sworn View Judgements
  64 Tribunal to declare dissolution of LLP void View Judgements
  65 Commencement of winding up by Tribunal View Judgements
  66 Exclusion of certain time in computing period of limitation View Judgements
  67 Filing with Registrar and filing Fee View Judgements
  title PART VI : PROCEEDINGS AND PROCEDURES GENERAL View Judgements
  68 Jurisdiction of the Tribunal View Judgements
  69 Form of Proceedings View Judgements
  70 Language of proceedings View Judgements
  71 Power of the Tribunal to enlarge or abridge time View Judgements
  72 Provisions of the Code to apply View Judgements
  73 Saving of inherent powers of the Tribunal View Judgements
  74 Power to dispense with the requirement of the rules View Judgements
  75 Computation of time View Judgements
  76 Registers to be kept View Judgements
  77 Serial number of proceedings View Judgements
  78 Powers, functions and duties of Registrar of the Tribunal View Judgements
  79 Inspection and copies of proceedings View Judgements
  80 Forms View Judgements
  81 Affidavits View Judgements
  82 Form of summons and service thereof View Judgements
  83 Issue of summons View Judgements
  84 Affidavit verifying petition View Judgements
  85 Enclosures to petition View Judgements
  86 Summons for direction View Judgements
  87 Advertisement of petition View Judgements
  88 Contents of advertisement View Judgements
  89 Service of petition View Judgements
  90 Notice of petition and time of service View Judgements
  91 Service on LLP View Judgements
  92 Petitioner to effect service View Judgements
  93 Affidavit of service View Judgements
  94 Procedure on default of compliance as regards advertisement and service of notice View Judgements
  95 Mode of service and service when deemed to be effected View Judgements
  96 Validity of service and of proceedings View Judgements
  97 Notice to be given by persons intending to appear at the hearing of petition View Judgements
  98 List of persons, intending to appear, to be filed View Judgements
  99 Procedure at hearing of petition View Judgements
  100 Order to be drawn up View Judgements
  101 Petition for winding-up View Judgements
  102 Admission of petition and directions as to advertisement View Judgements
  103 Petition by a contingent or prospective creditor View Judgements
  104 Copy of petition to be furnished View Judgements
  105 Advertisement of petition View Judgements
  106 Application for leave to withdraw petition View Judgements
  107 Substitution of creditor or partner for original petitioner View Judgements
  108 Procedure on substitution View Judgements
  109 Affidavit-in-opposition View Judgements
  110 Affidavit in reply View Judgements
  111 Appointment of Provisional Liquidator View Judgements
  112 Rules and procedures applicable to Provisional Liquidator View Judgements
  113 Costs, etc. of Provisional Liquidator View Judgements
  114 Notice to Liquidator of order View Judgements
  115 Contents of winding-up order and order appointing Provisional Liquidator View Judgements
  116 Order to be sent to Liquidator and form of order View Judgements
  117 Summons for directions to be taken out by the Liquidator View Judgements
  118 Directions on making the winding-up order View Judgements
  119 Advertisement of the order View Judgements
  120 Form of proceedings after winding up order is made View Judgements
  121 Application for stay of winding up proceedings View Judgements
  122 Application for leave to commence or continue or transfer suits or proceedings View Judgements
  123 Notice to submit statement View Judgements
  124 Application by Liquidator appointed by Tribunal View Judgements
  125 Preparation of statement of affairs View Judgements
  126 Form of the statement View Judgements
  127 Extension of time for submitting statement View Judgements
  128 Partners and Officers of LLP to attend and give information View Judgements
  129 Duty of person making or concurring in statement View Judgements
  130 Default in complying with rule 28 View Judgements
  131 LLP Liquidator in voluntary winding-up to submit statement View Judgements
  132 Report by Liquidator View Judgements
  133 Inspection of statement and report View Judgements
  134 Further report by Liquidator View Judgements
  135 Consideration of report(s) by the Tribunal View Judgements
  136 Summons for direction to be taken out by Liquidator View Judgements
  137 Fixing a date for proving debts View Judgements
  138 Notice to creditors View Judgements
  139 Proof of debt View Judgements
  140 Mode of proof and verification thereof View Judgements
  141 Contents of proof View Judgements
  142 Workmen's wages View Judgements
  143 Value of debts View Judgements
  144 Interest View Judgements
  145 Periodical payments View Judgements
  146 Proof of debt payable at a future time View Judgements
  147 Examination of proof View Judgements
  148 Liquidator's right to summon any person in connection with the investigation View Judgements
  149 Oaths View Judgements
  150 Costs of proof View Judgements
  151 Acceptance or rejection of proof to be communicated View Judgements
  152 Appeal by creditor View Judgements
  153 Procedure where creditor appeals View Judgements
  154 Liquidator not to be personally liable for costs View Judgements
  155 Proofs and list of creditors to be filed in Tribunal View Judgements
  156 List of creditors not to be varied View Judgements
  157 Notice of filing the list and inspection of the same View Judgements
  158 Expunging of proof View Judgements
  159 Payment of subsequent interest View Judgements
  160 Provisional list of partners View Judgements
  161 Notice to be given of date of settlement of list View Judgements
  162 Settlement of the list View Judgements
  263 Certificate of final settlement of the list to be filed in Tribunal View Judgements
  164 Notice to partners View Judgements
  165 Application by Liquidator for rectification of list View Judgements
  166 Application by partner to vary the list View Judgements
  167 Liquidator not to be personally liable for costs View Judgements
  168 'Tribunal meetings', 'Liquidator's meetings' and 'Voluntary Liquidation meetings' View Judgements
  169 Application of rules to meetings View Judgements
  170 Notice of meeting View Judgements
  171 Place and time of meeting View Judgements
  172 Notice of first or other meeting to the officers of LLP View Judgements
  173 Proof of notice View Judgements
  174 Costs of calling meetings at the instance of creditor or partner View Judgements
  175 Chairman of meeting View Judgements
  176 Resolution at creditors' meeting View Judgements
  178 Resolution of partners' meeting View Judgements
  179 Copies of resolutions to be filed View Judgements
  180 Non-receipt of notice by a creditor or partner View Judgements
  181 Adjournment View Judgements
  182 Quorum View Judgements
  183 Procedure in the absence of quorum View Judgements
  183 When creditor can vote View Judgements
  184 Cases to which creditors may not vote View Judgements
  185 When secured creditor can vote and effect of voting View Judgements
  186 Procedure when secured creditor votes without surrendering security View Judgements
  187 Rule 187 View Judgements
  188 Admission or rejection of proofs for purposes of voting View Judgements
  189 Report of Tribunal meetings View Judgements
  190 Minutes of proceedings View Judgements
  191 Voting by proxies View Judgements
  192 Form of proxies View Judgements
  193 Proxies to Liquidator or Chairman View Judgements
  194 Use of proxies by deputy View Judgements
  195 Forms to be sent with notice View Judgements
  196 Proxies to be lodged View Judgements
  197 Holder of proxy not to vote on matter in which he is financially interested View Judgements
  198 Minor not to be appointed proxy View Judgements
  199 Filling in proxy where creditor or partner is blind or incapable View Judgements
  200 Proxy of person not acquainted with English View Judgements
  201 Attendance proceedings View Judgements
  202 Representation of creditors and partners before Tribunal View Judgements
  203 Powers of Liquidator View Judgements
  204 Liquidator to be in the position of a receiver View Judgements
  205 LLP's property to be surrendered to Liquidator on requisition View Judgements
  206 Liquidator to realize unrealized contribution etc View Judgements
  207 Service of notice of demand View Judgements
  208 Order for payment of demand View Judgements
  209 Other moneys due by partners View Judgements
  210 Application for examination of persons suspected of having property, etc View Judgements
  211 Directions at hearing of summons View Judgements
  212 Examination on commission or by interrogation View Judgements
  213 Service of the summons View Judgements
  214 Conduct of the examination View Judgements
  215 Notes of the deposition View Judgements
  216 Order for public examination of partners, designated partners, officers etc in connection with fraud etc View Judgements
  217 Notice of public examination View Judgements
  218 Adjournment of public examination to Tribunal View Judgements
  219 Procedure for contumacy View Judgements
  220 Notes of Examination View Judgements
  221 Shorthand notes of examination under above rules View Judgements
  222 Application by any person under examination for fraud, etc. to be exculpated View Judgements
  223 Default in attending examination View Judgements
  224 Public examination in connection with fraud etc View Judgements
  225 Applications in connection with Liability for fraudulent conduct of business or to assess damages against delinquent partners, etc View Judgements
  226 Directions at preliminary hearing of summons View Judgements
  227 Application for further directions View Judgements
  228 Application for disclaimer of onerous property View Judgements
  229 Preliminary hearing of the summons View Judgements
  230 Claimant to furnish statement of his interest View Judgements
  231 Service of notice View Judgements
  232 Order granting leave to disclaim View Judgements
  233 Disclaimer to be filed in Tribunal View Judgements
  234 Vesting of disclaimed property View Judgements
  235 No claim to be compromised or abandoned without sanction of Tribunal View Judgements
  236 Application for sanction of compromise View Judgements
  237 Sale to be subject to sanction and to confirmation by Tribunal View Judgements
  238 Procedure at sale View Judgements
  239 Expenses of sale View Judgements
  240 Declaration of distributable sum or return of assets View Judgements
  241 Notice of declaration View Judgements
  242 Form of authority to pay distributable sum View Judgements
  243 Transmission of distributable sums by post View Judgements
  244 Form of order directing return of Assets View Judgements
  245 Payment of distributable sum or return of Assets due to a deceased creditor or partner View Judgements
  246 Liquidator to apply for dissolution View Judgements
  247 Dissolution of the LLP View Judgements
  248 Liquidator to pay the balance into public account View Judgements
  249 Conclusion of winding up View Judgements
  250 Application to declare dissolution void View Judgements
  251 Registers and Books to be maintained by the Liquidator View Judgements
  252 All money to be paid into Scheduled Bank View Judgements
  253 Bills, cheques and securities to be deposited into bank View Judgements
  254 Payments into Bank View Judgements
  255 Liquidator's Distributable sum Account View Judgements
  256 Fees to be credited to Central Government View Judgements
  257 Where the LLP has no available assets View Judgements
  258 Investment of moneys View Judgements
  259 Liquidator to examine the accounts for purposes of investment View Judgements
  260 Investments to be made by the Bank View Judgements
  261 Distributable sum and interest to be credited View Judgements
  262 Refund of Income-tax View Judgements
  263 Yearly Accounts to be filled View Judgements
  264 Form of accounts View Judgements
  265 Nil Account View Judgements
  266 Audit of the Liquidator's accounts View Judgements
  267 Auditors certificate to be filed View Judgements
  268 Audit fees View Judgements
  269 Inspection of the account and certificate of audit View Judgements
  270 Account and auditor's report to be placed before Member View Judgements
  271 Assistance for the Liquidator View Judgements
  272 Employment of additional or special staff where official Liquidator acts as Liquidator View Judgements
  273 Apportionment of expenses of common staff where official Liquidator acts as Liquidator View Judgements
  274 Application for examination View Judgements
  275 Applicability of rules View Judgements
  276 Declaration of solvency View Judgements
  277 Statement to be laid before meeting of creditors View Judgements
  278 Notice of appointment of LLP liquidator View Judgements
  279 Security by LLP liquidator appointed by Tribunal View Judgements
  280 Limit of remuneration of LLP liquidator appointed by the Tribunal View Judgements
  281 Restriction on purchase of goods by LLP liquidator View Judgements
  282 Office of LLP liquidator vacated by his insolvency View Judgements
  283 Resignation of LLP liquidator View Judgements
  284 Duty of LLP liquidator upon resignation View Judgements
  285 Books to be kept by the LLP liquidator View Judgements
  286 Banking account of the LLP liquidator View Judgements
  287 Bills, cheques and securities to be deposited in Bank View Judgements
  288 Investment of surplus funds View Judgements
  289 Liquidator's statements under rule 56 View Judgements
  290 Submission of periodical reports to the Tribunal View Judgements
  291 Notice convening final meeting and the account to be laid before the meeting View Judgements
  292 Returns to Registrar View Judgements
  293 Inspection by creditor or partner of statements filed by liquidator View Judgements
  294 Audit of the liquidators' account View Judgements
  295 Applications for stay of proceeding in the winding up View Judgements
  296 Statement of payment View Judgements
  297 Unclaimed distributable sums or undistributed assets under investment View Judgements
  298 Operation and maintenance of the Account View Judgements
  299 Cost, expenses, charges or fees payable out of the assets in a winding up by the Tribunal View Judgements
  300 Inspection of file View Judgements
  301 Appeal from Order of Tribunal to National Company Law Appellate Tribunal View Judgements



#LawyerServices #Act #Law #Statute #IndianLaw #Kanoon