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Limited Liability Partnership Act, 2008 Complete Act

State: Central

Year: 2008

.....constituted under sub- sec. (1) of Sec. 10-FB of the Companies Act, 1956 (1 of 1956). (2) Words and expressions used and not defined in this Act but defined in the Companies Act, 1956 (1 of 1956) shall have the meanings respectively assigned to them in that CHAPTER 2 NATURE OF LIMITED LIABILITY PARTNERSHIP Section 3 Limited liability partnership to be body corporate (1) A limited liability partnership is a body corporate formed and incorporated under this Act and is a legal entity separate from that of its partners. (2) A limited liability partnership shall have perpetual succession. (3) Any change in the partners of a limited liability partnership shall not affect the existence, rights or liabilities of the limited liability partnership. Section 4 Non-applicability of the Indian Partnership Act, 1932 Save as otherwise provided, the provisions of the Indian Partnership Act, 1932 (9 of 1932) shall not apply to a limited liability partnership. Section 5 Partners Any individual or body corporate may be a partner in a limited liability partnership: Provided that an individual shall not be capable of becoming a partner of a limited liability partnership, if- (a) he.....

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Limited Liability Partnership Act 2008 Chapter III

Title: Incorporation of Limited Liability Partnership and Matters Incidental Thereto

State: Central

Year: 2008

.....which may extend to five lakh rupees. Section 12 - Incorporation by registration (1) When the requirements imposed by clauses (b) and (c) of sub-section (1) of section 11 have been complied with, the Registrar shall retain the incorporation document and, unless the requirement imposed by clause (a) of that sub-section has not been complied with, he shall, within a period of fourteen days-- (a) register the incorporation document; and (b) give a certificate that the limited liability partnership is incorporated by the name specified therein. (2) The Registrar may accept the statement delivered under clause (c) of sub-section (1) of section 11 as sufficient evidence that the requirement imposed by clause (a) of that sub-section has been complied with. (3) The certificate issued under clause (b) of sub-section (1) shall be signed by the Registrar and authenticated by his official seal. (4) The certificate shall be conclusive evidence that the limited liability partnership is incorporated by the name specified therein. Section 13 - Registered office of limited liability partnership and change therein (1) Every limited liability partnership shall have a registered.....

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Limited Liability Partnership Act 2008 Schedule II

Title: Second Schedule

State: Central

Year: 2008

.....in respect of anything to be done on or after the date of registration a reference to the limited liability partnership. 12. Existing contracts, etc. All deeds, contracts, schemes, bonds, agreements, applications, instruments and arrangements subsisting immediately before the date of registration relating to the firm or to which the firm is a party, shall continue in force on and after that date as if they relate to the limited liability partnership and shall be enforceable by or against the limited liability partnership as if the limited liability partnership were named therein or were a party thereto instead of the firm. 13. Continuance of employment Every contract of employment to which paragraph 11 or paragraph 12 applies shall continue to be in force on or after the date of registration as if the limited liability partnership were the employer thereunder instead of the firm. 14. Existing appointment authority or power (1) Every appointment of the firm in any role or capacity which is in force immediately before the date of registration shall take effect and operate from that date as if the limited liability partnership were appointed. (2) Any authority.....

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Limited Liability Partnership Act 2008 Schedule III

Title: Third Schedule

State: Central

Year: 2008

.....11. 4. Registration of conversion On receiving the documents referred to in paragraph 3, the Registrar shall, subject to the provisions of this Act and the rules made thereunder, register the documents and issue a certificate of registration in such form as the Registrar may determine stating that the limited liability partnership is, on and from the date specified in the certificate, registered under this Act: Provided that the limited liability partnership shall, within fifteen days of the date of registration, inform the concerned Registrar of Companies with which it was registered under the provisions of the Companies Act, 1956(1 of 1956) about the conversion and of the particulars of the limited liability partnership in such form and manner as the Central Government may prescribe. 5. Registrar may refuse to register (1) Nothing in this Schedule shall be construed as to require the Registrar to register any limited liability partnership if he is not satisfied with the particulars or other information furnished under the provisions of this Act: Provided that an appeal may be made before the Tribunal in case of refusal of registration by the Registrar. 1[Provided.....

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Limited Liability Partnership Act 2008 Schedule IV

Title: Fourth Schedule

State: Central

Year: 2008

.....11. 5. Registration of conversion On receiving the documents referred to in paragraph 4, the Registrar shall, subject to the provisions of this Act, and the rules made thereunder, register the documents and issue a certificate of registration in such form as the Registrar may determine stating that the limited liability partnership is, on and from the date specified in the certificate, registered under this Act: Provided that the limited liability partnership shall, within fifteen days of the date of registration, inform the concerned Registrar of Companies with which it was registered under the provisions of the Companies Act, 1956(1 OF 1956) about the conversion and of the particulars of the limited liability partnership in such form and manner as the Central Government may prescribe. 6. Registrar may refuse to register (1) Nothing in this Schedule shall be construed as to require the Registrar to register any limited liability partnership if he is not satisfied with the particulars or other information furnished under the provisions of this Act: Provided that an appeal may be made before the Tribunal in case of refusal of registration by the Registrar. .....

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Limited Liability Partnership Act 2008 Section 21

Title: Publication of Name and Limited Liability

State: Central

Year: 2008

(1) Every limited liability partnership shall ensure that its invoices, official correspondence and publications bear the following, namely:- (a) the name, address of its registered office and registration number of the limited liability partnership; and (b) a statement that it is registered with limited liability. (2) Any limited liability partnership which contravenes the provisions of subsection (1) shall be punishable with fine which shall not be less than two thousand rupees but which may extend to twenty-five thousand rupees.

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Finance Act, 2008 Complete Act

State: Central

Year: 2008

.....the meaning given by Article 2 of Council Regulation (EC) No. 1407/2002 (state aid to coal industry). (3) The production of coal includes the extraction of it. Excluded activities: producing steel 20C In paragraph 16(ic) "steel" means any of the steel products listed in Annex 1 to the Guidelines on national regional aid (2006/C 54/08), published in the Official Journal on 4 March 2006." (6) The amendments made by this section have effect in relation to options granted on or after the day on which this Act is passed. SECTION 34: Tax credits for certain foreign distributions: (1) Schedule 12 contains provision about tax credits for certain foreign distributions. (2) The amendments made by that Schedule have effect for the tax year 2008-09 and subsequent tax years. SECTION 35: Small companies relief: associated companies: (1) Section 13 of ICTA (small companies' relief) is amended as follows. (2) In the second sentence of subsection (4) (meaning of "control" for purposes of definition of "associated company"), insert at the end "except that, in the application of subsection (6) of that section in relation to the company ("the taxpayer company") and another company.....

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The Sikkim Police Act, 2008 Complete Act

State: Sikkim

Year: 2008

THE SIKKIM POLICE ACT, 2008 THE SIKKIM POLICE ACT , 2008 (Act No . 15 of 2008) AN ACT To make provision for the law relating to the establishment and management of the Police organization and its functions. Be it enacted by the Legislature of Sikkim in the Fifty-ninth Year of the Republic of India as follows: CHAPTER I Preliminary: Definitions and Interpretations Short title, extent and commencement 1. (1) This Act may be called the Sikkim Police Act, 2008. (2) It extends to the whole of Sikkim. (3) It shall come into force on such date as the State Government may by notification in the Official Gazette appoint. Definitions 2. (1) In this Act, unless the context otherwise requires.- ( a) "Act" means the Sikkim Police Act, 2008 (b) "cattle" means and includes cows, buffalos, elephants, camels, horses, asses, mules, sheep, goats and swine (c) "core functions" means duties related to sovereign functions of the State including arrest, search, seizure, crime investigation, crowd control and allied functions that can only be performed by the police as the agency of the State (d) "Group `C' posts" means the posts so categorized under the.....

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The Code of Criminal Procedure (Amendment) Act, 2008 Complete Act

State: Central

Year: 2008

THE CODE OF CRIMINAL PROCEDURE (AMENDMENT) ACT, 2008 THE CODE OF CRIMINAL PROCEDURE (AMENDMENT) ACT, 2008 [ACT No. 5 OF 2009] Received the assent of the President on 7th January, 2009, Act Published in Gaz. Of India 9- 1-2009, Pt.II.S.1 Ext.P.1 (No.6). [7th January, 2009.] An Act further to amend the Code of Criminal Procedure, 1973. BE it enacted by Parliament in the Fifty-ninth Year of the Republic of India as follows:" 1. Short title and commencement. " (1) This Act may be called the Code of Criminal Procedure (Amendment) Act, 2008. (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint; and different dates may be appointed for different provisions of this Act. 2. Amendment of section 2. " In section 2 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the principal Act), after clause (w), the following clause shall be inserted, namely:"˜(wa) "victim" means a person who has suffered any loss or injury caused by reason of the act or omission for which the accused person has been charged and the expression "victim" includes his or her guardian or.....

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Limited Liability Partnership Act 2008 Chapter VIII

Title: Financial Disclosures

State: Central

Year: 2008

.....this Act, any person makes a statement-- (a) which is false in any material particular, knowing it to be false; or (b) which omits any material fact knowing it to be material, he shall, save as otherwise expressly provided in this Act, be punishable with imprisonment for a term which may extend to two years, and shall also be liable to fine which may extend to five lakh rupees but which shall not be less than one lakh rupees. Section 38 - Power of Registrar to obtain information (1) In order to obtain such information as the Registrar may consider necessary for the purposes of carrying out the provisions of this Act, the Registrar may require any person including any present or former partner or designated partner or employee of a limited liability partnership to answer any question or make any declaration or supply any details or particulars in writing to him within a reasonable period. (2) In case any person referred to in sub-section (1) does not answer such question or make such declaration or supply such details or particulars asked for by the Registrar within a reasonable time or time given by the Registrar or when the Registrar is not satisfied with the reply.....

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