Chapter VI - Proceedings and Procedures - Petition for Winding up, Provisional Liquidator, Winding up Order, and Statement of Affairs, (From Rule 101 to Rule 110)
Chapter VI - Proceedings and Procedures - Meetings of creditors or partners in a winding up by Tribunal and of creditors in a voluntary winding up (From Rule 168 to Rule 190)
Chapter VI - Proceedings and Procedures - Proxies in relation to meetings in winding-up by Tribunal and to meetings of creditors in a voluntary winding-up (From Rule 191 to Rule 200)
Chapter VI - Proceedings and Procedures - Monies due from partners in a winding up by the Tribunal including outstanding contribution, etc. (From Rule 206 to Rule 209)
Chapter VI - Proceedings and Procedures - Examination of person suspected of having property of LLP etc. and examination of partners, designated partners, officers etc., in connection with the fruad etc. (From Rule 210 to Rule 224)
Chapter VI - Proceedings and Procedures - Application against delinquent partners, designated partners and officers of the LLP (From Rule 225 to Rule 234)
Chapter VI - Proceedings and Procedures - Payment of unclaimed distributable sums and undistributed assets into the LLPs liquidation account in a winding up (From Rule 296 to Rule 298)
LLP Liquidator appointment and removal require partner consent, creditor approval, and Tribunal authority to appoint or remove. Rule 10 requires that an LLP appoint a voluntary LLP Liquidator by partner resolution where there are no creditors, and where creditors exist the partners' appointment is subject to creditor approval or creditor appointment. If creditors and partners nominate different Liquidators, the creditors' nominee prevails; if creditors neither approve nor nominate, the partners' nominee continues. The Tribunal may appoint or remove a Liquidator and must give the Liquidator an opportunity to be heard. The Liquidator must file Form No. 6 disclosing conflicts and removals by appointing parties require written notice and a meeting decision.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
LLP Liquidator appointment and removal require partner consent, creditor approval, and Tribunal authority to appoint or remove.
Rule 10 requires that an LLP appoint a voluntary LLP Liquidator by partner resolution where there are no creditors, and where creditors exist the partners' appointment is subject to creditor approval or creditor appointment. If creditors and partners nominate different Liquidators, the creditors' nominee prevails; if creditors neither approve nor nominate, the partners' nominee continues. The Tribunal may appoint or remove a Liquidator and must give the Liquidator an opportunity to be heard. The Liquidator must file Form No. 6 disclosing conflicts and removals by appointing parties require written notice and a meeting decision.
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