LLP Strike Off (Closure)
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.
FTE is very simple and cost saving method of Strike Off of the LLP without going for lengthy liquidation process and without High court intervention. 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.
LLP STRIKE OFF
Basic information
FTE is very simple and cost saving method of Strike Off of the LLP without going for lengthy liquidation process and without High court intervention. 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.
The Registrar of Companies may remove the name of a LLP from the register of companies when the LLP is not carrying on any business or operation for a period of two years or more.
What are the Reasons to Strike Off of a LLP ?
1. No Compliance Burden:
Once the LLP is closed, there does not exist the LLP as such hence the promoters or directors get free from compliance responsibilities and possible dangers of non-compliances.
2. Faster route of Closure:
Inactive or non-functioning LLP can be closed swiftly in about 3 to 16 days, whereas traditional methods take longer and are more cumbersome procedures.
3. Avoid Fines:
If the inactive or non-functioning LLP is not following legal compliances, it may incur hefty fines and penalties and punishments for the officers of the LLP in certain cases including debarment of the Directors from starting another LLP. Hence, it is better to officially wind up a LLP that is inactive and avoid potential fines or liabilities in the future.
What are the conditions for the LLPs to go for Strike off ?
1.LLP should not have any debt unpaid.
2. LLP should have completed all the ROC filings till the date of making an application for strike off.
3. LLP should be inoperative at least for one entire financial year.
What is the procedure for strike off the LLP ?
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.
Note: If the LLP has been struck off, the liability of all Designated Partners of the Limited Liability Partnership would continue and may be enforced as if the Limited Liability Partnership had never been dissolved.
How we help with Strike Off of a LLP
LLP Review: We will review the activities of the LLP and determines if it is eligible for Strike Off under the FTE Scheme under the Companies Act, 2013 thereby following easier procedure. The review process would be completed in 2 - 3 working days.
Document Preparation: Then we will provide timelines; documents for Strike Off of the LLP it will take 5 - 7 working days depending on the LLP.
Strike off Application: Application for closure of LLP will be made to the ROC who will usually approve the application for Strike Off and closing of the LLP in about 3 months.
Documents
Partners Resolution
Partners Resolution of all the Partners of LLP
Consent Letters
Consent Letters of all the Partners of the LLP
Statement of Accounts
Statement of Accounts certified by Chartered Accountant
DSC token
DSC token of the Designated Partner of LLP.
CA Certificate
CA Certificate of llp
Affidavit
Affidavit by each Partner
Indemnity Bond
Indemnity Bond of each Partner
Other Documents
will be intimated through e-mail.
FAQ
Yes.LLPscan 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.
Click on Get Quotation tab above and fill the details, you will receive required documents list and quotation in few seconds in your mailbox. No charges for requirement list and Quotation.
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 Companiesthrough 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 SixYearsfrom 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 LLPAct, 2008before making an application for Strike off. Failure to do so will make the LLP liable to prosecution.