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Section 33D of Limited Liability Partnership Act CAP 30: When an application for strike off may not be made

    

An application under section 33C shall not be made if, at any time during the preceding three months, the limited liability partnership has—
(a) changed its name;
(b) carried on business;
(c) made a disposal for value of property that, immediately before ceasing to carry on business, it held for the purpose of disposal for gain in the normal course of carrying business; or
(d) engaged in any other activity, except one that is—
(i) necessary or expedient for the purpose of making an application under section 33C, or deciding whether to make an application;
(ii) necessary or expedient for the purpose of closing down the affairs of the partnership;
(iii) necessary or expedient for the purpose of complying with any statutory requirement; or
(iv) specified by the Cabinet Secretary by order made under subsection (2); or
(v) commenced insolvency process under the Insolvency Act, 2015 (No. 18 of 2015), for the purposes of dissolving the limited liability partnership.
(2) The Cabinet Secretary may, by order published in the Kenya Gazette— (a) specify an activity for the purpose of subsection (1)(d)(iv); or
(b) alter the period in relation to which the performance of an act referred to under that subsection is relevant.
(3) For the purposes of this section, a limited liability partnership shall not be treated as carrying on business only because it makes a payment in respect of a liability incurred in the course of carrying on business.

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Disclaimer: This document is not to be taken as legal advise.

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