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The personal liability of a partner in limited liability partnership arises in :

  • A.Where a partner continues even the minimum number of partners falls below two to six months
  • B.Immediately after the number falls below two
  • C.Either (A) or (B)
  • D.Both (A) and (B)

Answer: A

The key gives the first option: the partner is liable where business continues for more than six months after the partners fall below two.

Under section 6(2) of the Limited Liability Partnership Act, 2008, if an LLP carries on business with fewer than two partners for more than six months, the remaining partner who knows of it is personally liable for the LLP's obligations incurred during that period. The option prints this condition in garbled form, but it is the six-month rule.

Liability does not arise immediately after the number falls below two, since the Act gives six months of grace, so the second option, and the 'either' and 'both' options that include it, are wrong.

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