Enquiry form
The LLP can apply for the Striking off of its name under the provisions of the Limited Liability Partnership Act, 2008 and the rules made thereunder. The Registrar of Companies has a power to strike off the name of the LLP from the Register of Companies on suo-motto basis but a LLP can also file the application in the prescribed form to the ROC for removing the name of the LLP after extinguishing all its liabilities and after complying with some conditions.
A) Declaring Limited Liability Partnership As Defunct
In case the LLP desires to close down its trade or where it is not carrying on any business activities for the period of 1 year or more, it can make a submission to the Registrar for declaring the entity- LLP as defunct & eliminating the name of the LLP from its register of LLP’s in India.
Correspondingly, Registrar also has the said power to strike off any defunct LLP -satisfying himself of the need to strike-off and has rational cause. Nevertheless, registrar has to send a notice to the LLPs of his intention in this case, and request to send their representation within 1 month from the date of notice.
The Registrar will publish such notice/content of the application on its website made by the LLP for a period of 1 month for the information of the general-public. Registrar may strike off the name of LLP if no reply is received within the cited period.
B) Winding Up Of Limited Liability Partnership
It is the process where all the assets of the business are predisposed off to meet up the liabilities of the same and if there is excess any, gets dispersed among the owners. The LLP Act, 2008 provides for subsequent 2 modes for winding up the LLP i.e.:
Voluntary Winding Up
Under this, the partners may between themselves make a decision to stop & wound up the operations of the LLP.
Compulsory Winding Up
A LLP may be mandatorily wound up by the Tribunal,—
An application is required to be made in e-Form 24 to strike off the name of the LLP, with following below mentioned documents:-
Step 1: The LLP shall hold Partners Meeting for approval for striking of a name of the Company
Step 2: LLP shall obtain the Consent of all the partners for such strike off.
Step 3: If the LLP is regulated by any other authority than shall take approval from them.
Step 4: After taking approval the LLP shall file an application in LLP form 24.
Step 5: After receiving an application, ROC shall publish a public notice. Any objection to the proposed strike off shall be sent within 30 days.
Step 6: After prescribed time from the date of publication of notice in the Gazette notification of India, ROC shall strike off the name and the LLP shall stand dissolved.
Yes. LLP scan also apply for the Striking off its name to the ROC under the provisions of the LLP Act, 2008 and the rules made thereunder by filing of LLP Form No. 24 with the ROC through MCA Portal.
Winding up is the procedure through which the assets of the LLP are sold and liabilities are paid. Remaining surplus if any is distributed among the partners last in priority. While Strike Off is the procedure through which the assets of the LLP are sold and liabilities are paid. However, the Strike off procedure is not that much lengthy and stringent still it may take time more than a year for approval.
No Hidden charges. Every detail regarding charges is transparent as you can see in the Quotation file in your mailbox.
LLP Strike Off usually takes 3 – 16 working days subject to the approval of the Central Govt. and the receipt of documents from the clients.
Yes. The Notice of Strike off the name of the LLP from the register if the Companies will be issued by the Jurisdictional Registrar of Companies through Email in soft Copy.
Pursuant to the provisions of the LLP Act, 2008, the name of the Struck off LLP can be restored by the National Company Law Tribunal(NCLT)If a LLP, or any former member, creditor or liquidator or any person who had a contractual relationship with the LLP, feels aggrieved by the LLP having its name struck off from the register of companies/LLPs may make an application before the expiry of Six Years from the date of publication in the Official Gazette of the notice of Strike off the name of the LLP by the ROC.
Yes. LLP is required to file all the outstanding Annual Returns and the Financial Statements under the LLP Act, 2008before making an application for Strike off. Failure to do so will make the LLP liable to prosecution.