Removal or Resignation of Partner from LLP

A Partner in a LLP in India may have to be removed or would like to resign for various reasons. In this article we will see on what grounds a partner is removed or the resigning reasons. And also what rights and liabilities a partner carries.

Letter of resignation

The following points could be the reasons for removal or resignation of a partner:

  • On death of the Partner
  • On dissolution of the LLP
  • If the Partner is declared to be of unsound mind
  • If the Partner is adjusted as an insolvent or declared as insolvent.

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Rights and Liabilities of Partner on Removal or Resignation:

  • Any amount equal to the capital contribution of the former partner actually made.
  • Rights to share in the profits after deducting losses (if any),decided as at the date the Partner is counted not to be a Partner anymore.
  • On removal or resignation or cessation of a Partner in a LLP, whatever liability incurred while the person was a Partner in the LLP shall not be discharged and will continue.
  • Removal of LLP Partner by Majority. When majority of partners want, they cannot remove a partner unless the agreement has such written powers. A Partner can be removed and Form 4 must be filed to effect the removal.

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