Closure of LLP-Limited Liability Partnership in India at Rs.7,999.
When the incorporated LLP didn’t meet the expectations of owner in terms of growth and revenue, there is need to close it. An LLP being a separate legal entity registered under law, it is mandatory to be closed as stipulated under the LLP Act.
An LLP fulfilling the following conditions can file an application with the consent of all partners for striking off its name from the Register of LLP.
✿LLP should be inoperative from the date of incorporation OR inactive for a period of at least one year
✿LLP should not have any assets / liabilities as on date of application.
The application for closure of LLP to be filed in e-Form 24.
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Necessary requirement before the closure of LLP in India
✿Every LLP have to complete annual filing before filing the application for closure of LLP. It must complete the filing of Form 8 and Form 11(Here after referred as “Annual Filing”) up to the end of the financial year in which the limited liability partnership ceased to carry on its business or commercial operations.
✿Company have to filed Initial LLP Agreement and any amendment in LLP Agreement (E form LLP-3) with ROC before filling application for Closure off of LLP.
✿Closure of Bank Accounts and letter from the bank confirming the same.
✿Reason for closure of LLP
✿The applicant LLP should have nil assets and liabilities at the time of filing application.
Process for closure of LLP in India
1. Filing of Application in e-Form -24 – An application is required to be made in e-Form 24 to the Registrar of Companies (www.mca.gov.in) for Striking off the name of the LLP under Rule 37(1)(b) and 37(1A) of LLP Rules with following below mentioned documents:
Attachment to Form LLP-24:
✦ Statement of Accounts certified by CA, not older than 30 days from the date of application and must give true and fair view of the financial position of the LLP.
✦ Copy of acknowledgement of latest Income tax return
✦ Copy of the initial limited liability partnership agreement, if entered into and not filed, along with changes thereof
✦ Bank Account Closure Certificate.
✦ Copy of Resolution of authority to make application ,given consent by all partners of LLP
✦ Affidavit verifying no Creditors or Liability
✦ Duly notarized Indemnity Bond
2.Publishing of notice -The Registrar shall publish a notice on its website as to the content of the application for a period of one month for the notice of the general public.
3.Strike off its name – On the expiry of period of one month, the Registrar may ask for more documents or by an order, unless cause to the contrary is shown by the limited liability partnership, strike its name off the register, and shall publish notice thereof in the Official Gazette, and on the publication in the Official Gazette of this notice, the limited liability partnership shall stand struck off.
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