Limited Liability Partnership Act, 2008
Section 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.
1.
2.
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.
1.
2.
3.
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.
1.
2.
3.
4.
5.
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.