Section 46: Effect of removal from register

46. Effect of removal from register (1) The removal of a limited liability partnership from the register shall not— (a) prejudice or affect the identity of the limited liability partnership that was constituted under this Act; [Issue 9] L15A1 – 24 Revised Laws of Mauritius (b) affect the property, rights or obligations of that limited liability partnership; or (c) affect proceedings, whether already commenced or otherwise, by or against that limited liability partnership. (2) Where the name of a limited liability partnership has been removed from the register, the limited liability partnership, its partners and officers shall not— (a) carry on any business or in any way deal with the assets of the limited liability partnership; (b) commence or defend any legal proceedings, make any claim or claim any right for, or in the name of, the limited liability partnership; or (c) in any way act with respect to the affairs of the limited liability partnership. (3) Notwithstanding subsection (2), where the name of a limited liability partnership has been removed from the register, the limited liability partnership or a creditor or liquidator may— (a) continue to defend proceedings which were commenced against the limited liability partnership before the date of the removal; and (b) continue with any legal proceedings which were instituted on behalf of the limited liability partnership before the date of the removal. (4) Notwithstanding the fact that the name of a limited liability partnership has been removed from the register— (a) the limited liability partnership shall not be precluded from incurring liabilities; (b) a creditor shall not be precluded from making a claim against the limited liability partnership and pursuing the claim up to judgment or execution; and (c) the Court may appoint a liquidator for the limited liability partnership.