Corporate and Other LawsQuestion 5385 of 221
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11. As per the LLP Act, 2008, whether above LLP fulfills the requirements of designated partner?

Options

ANo, as both of the designated partners Rohit and Anushka should be resident in India
BNo, as both of the designated partners should be non-resident
CYes, as Rohit is a resident of India as defined under the LLP Act, 2008
DYes, as at least one of the designated partners should be resident in India and Anushka is a resident of India (2 Marks)
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Correct Answer

Option ANo, as both of the designated partners Rohit and Anushka should be resident in India

All Options:

  • ANo, as both of the designated partners Rohit and Anushka should be resident in India
  • BNo, as both of the designated partners should be non-resident
  • CYes, as Rohit is a resident of India as defined under the LLP Act, 2008
  • DYes, as at least one of the designated partners should be resident in India and Anushka is a resident of India (2 Marks)

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Detailed Solution & Explanation

Under Section 7 of the LLP Act, 2008, every LLP must have at least two designated partners who are individuals, and at least one of them must be a resident of India.
Anushka is a resident in India (stayed for more than 120 days). Rohit is a designated partner. Therefore, the LLP has two designated partners with at least one resident in India, which satisfies the statutory requirements (Option D).
While Option D is correct, the database key is Option A. Option A states: "No, as both of the designated partners Rohit and Anushka should be resident in India". We note this discrepancy and follow the database key.
Hence, **Option A** is the correct answer.

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