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Closure of LLP2022-09-26T13:30:22+05:30

Online Closure of LLP

Strike Off of a LLP is a process of closure of a LLP by removing its name from the Register of LLPs, which is maintained by the Registrar of Companies (ROC). Once the LLP is struck off, it loses its existence and shall not be eligible to carry out further business operations.

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    Online Closure of LLP

    A registered LLP may face difficulties in carrying out its business operation due to adverse business conditions or lack of finance. Due to such business conditions, the partners may lose interest and intention to carry out further business activities. The government has given an option for voluntary closure of LLP, using which an LLP may apply to strike off or remove its name from the register, which is maintained by the ROC. It is one of the easier, faster, and less economical methods of Closing an LLP.

    Which LLP can apply for Voluntary Closure?

    Any LLP which is not carrying on any business or operation for the last 1 (one) year or more can file an application to the Registrar of Companies (ROC) for strike off or removal of its name from the register of LLP’s maintained by ROC.

    Advantages Of Voluntary Online Closure of LLP

    • Easy exit opportunity for Entrepreneur’s

      The process of closing an LLP by way of strike off is easy and convenient for entrepreneurs. The process of application for closure can be done online and further the Registrar will close the LLP if there is no objection from Regulators within 10-12 months of time.

    • Avoid requirement of yearly Compliances

      An LLP has to file annual returns and other documents every year to the Registrar of Companies (ROC) and other regulatory authorities. In a case, the LLP is not doing any business or does not foresee any business in the coming years, then it can proceed towards closure of the LLP in order to avoid the cost of yearly compliances.

    • Avoid burden of Penalties

      When an LLP does not comply with the requirement of filing a financial statement, annual return, or any other statutory forms, a heavy monetary penalty and additional government fees may be imposed on the LLP and its partners. Therefore, to avoid such consequences, closure of the LLP is always a better option.

    Minimum Requirements for Voluntary Closure of LLP

    • LLP has not conducted any business for a period of 1 year or more

    • Consent of all the Partners of LLP

    • Consent of all the Creditors of LLP (if any)

    • LLP should not have any Assets or Liabilities

    • Bank account of LLP (if any) shall be closed

    • Digital Signature of the Designated Partner

    • DIN/DPIN of Designated Partner must be Approved

    • LLP has filed Annual returns and Statement of Accounts & Solvency up to the year it has conducted business.

    What Is Included In Our Online Closure of LLP package?

    • Consultation on process of Closure of LLP

    • Preparation of Affidavit, Indemnity Bond and other documents for Closure of LLP

    • Preparation of Statement of Accounts, Statement of litigation and other documents duly certified by a Professional (CA/CS/CMA)

    • Filling of Form 24 with MCA along with Professional Certification

    • Payment of applicable government fees to the respective ROC

    • Acknowledgement number

    • Follow up with ROC/MCA after filing for closure of LLP

    Process of Online Closure of LLP

    • Collection of required Information and Documents

      In the first step, we shall collect the required information and documents required as per the checklist. We shall verify and confirm the documents and information provided.

    • Preparing the documents for Closure of LLP

      In the next step, we shall prepare various documents, forms, resolutions, and statements required for the application of removal of the name of LLP.

    • Submission of Form 24 along with the government fees to ROC

      After preparation of all the required documents, an application for removal of name of the LLP shall be submitted to the Registrar of Companies (ROC) in Form 24 which shall be signed by the designated partner and shall be certified by a professional by paying the requisite fees for approval purposes and an Acknowledgement Number (SRN) shall be generated.

    • Closure of LLP by ROC within few months

      After filing an application for strike off by the LLP, the ROC shall publish a public notice inviting objections to the proposed strike off from the general public and regulatory authorities. If there are no objections received within a specified time from the general public or government authorities, the ROC can proceed to strike off or remove the name of the LLP from its records.

    Documents Required in Online Closure of LLP

    • Incorporation documents of LLP such as Certificate of Incorporation, PAN, TAN etc.

    • LLP Agreement and Supplementary Agreement

    • Digital Signature Certificate (DSC) of Designated Partners

    • Details of Change in Partners from the date of Incorporation (if any)

    • Copies of Financial Statement, Auditor report, Income Tax Return (ITR) of the LLP previously filed.

    • KYC documents of partners and designated partner of LLP such as PAN and Aadhaar Card.

    • Any other documents as may be required

    FAQ

    How much time is needed for closing of an LLP in India?2021-09-20T13:02:35+05:30

    On average, it takes around 15-20 days for making an application for Strike off of LLP to the ROC. After that, it will take 10 to 12 months for processing and completion of process by ROC’s end. However, this is dependent on the workload of the ROC/MCA.

    Do I need to be physically present during this process?2021-09-20T13:02:15+05:30

    No, all the required documents are filed electronically, so you would not need to be physically present at all. You would just need to send us scanned copies of all the required documents.

    Is the digital signature of the Designated partner mandatory for filing Form 24?2021-09-20T13:01:24+05:30

    Yes, the Digital Signature of a designated partner is mandatory for filing the form.

    Whether an LLP is required to file the Annual Return in Form 11 and Statement of Account & Solvency in Form 8 before applying for strike off or removal of its name?2021-09-20T13:00:57+05:30

    Yes, an LLP is required to file overdue returns such as annual return in Form 11 and Statement of Account & Solvency in Form 8 up to the financial year till which the LLP carried out its business operations.

    Our LLP was formed just 6 months ago but till now we have not done kind of business in the LLP, can I close my LLP?2022-04-03T09:25:51+05:30

    No, an LLP can apply for strike off or removal of its name to the ROC, only when it is not carrying on any business or operation for a period of 1 (one) year or more. Therefore, you need to wait for at least 1 year since incorporation.

    Can an LLP apply for strike off or removal of its name to the ROC, if it has secured/unsecured creditors or pending liabilities?2021-09-20T12:58:15+05:30

    An LLP shall extinguish and pay off all its liabilities in respect of secured/unsecured creditors before making an application for closure to the ROC.

    Is the consent of partners required for closing the LLP?2021-09-20T12:57:53+05:30

    Yes, the consent of all the partners is required for Closing the LLP by way of strike off.

    Can the Registrar of Companies (ROC) proceed to strike off or remove the name of an LLP on its own will without any voluntary application by the LLP?2021-09-20T12:57:28+05:30

    Yes, ROC may proceed to strike off or remove the name of LLP, if such LLP is not carrying on any business or operation for a period of 2 (two) years or more and the Registrar has reasonable cause to believe the same.

    Is Income Tax Return (ITR) acknowledgement required before making an application for strike off or removal of the name of the LLP?2021-09-20T12:57:08+05:30

    In cases where the LLP has carried out any business and has filed Income-tax return (ITR), then a copy of the acknowledgement of the latest Income-tax return filed shall be required to be provided with Form 24. But if LLP has not done any business and not filed any ITR then it is not required to furnish such document.

    What are the remedies are available to me, If ROC has struck off or removed the name of the LLP without any notice or representation?2021-09-20T12:56:41+05:30

    If any person is aggrieved by an order of the ROC, then may file an appeal to the Tribunal (NCLT) and if the Tribunal thinks that ROC’s order is not valid, it may order restoration of the name of the LLP.

    Can partners and designated partners of LLP, after making a voluntary application for removal of the name of LLP, form another new LLP?2021-09-20T12:56:11+05:30

    Yes, partners and designated partners of LLP after making a voluntary application removal of the name of LLP can form another new LLP.

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