Strike off of LLP
A limited liability partnership is a Combination of a private limited Company and Partnership Firm. It provides the benefit of a Limited compliance requirement of Partnership Firm and Limited Liability as Company.
LLP is governed by the LLP act, 2008, and LLP rules.
Type of Strike Off
- Mandatory Strike off- When an LLP is not carrying on any business for Continue 2 years than the Registrar has a right to issue a Notice of strike of the LLP.
- Voluntary Strike off- When an LLP is not doing any business from the last 1 Year and partners of the LLP decided not to carry on the business than they can apply to the registrar for the removal of the name from Registers of LLP.
The procedure of Strike off
Step-1: Passing of the resolution
Permission of all the partners is required for the removal of the name of the LLP. A resolution should be passed for the voluntary strike of the Company and Authorization of anyone partner for such work.
Step-2 Pre-requirements before filing an application
- Closure of all the business activity permanently.
- Obtaining of Certificate of the closure of the Bank account from the Bank.
- Preparations of Documents for filing the application.
Step-3 Filing of Form -24
Application for the voluntary strike-off will be filed in e form 24 with the following attachments
- CA certified Statement of Accounts having nil assets and liabilities not older than 30 days from the date of application.
- Latest Income Tax Return with acknowledgment copy
- Bank Account Closure Certificate, if any
- Consent of Partners/Resolution for Closure of LLP
- Affidavit verifying that there are no creditors/liability
- Indemnity Bond and Affidavit for Closure of LLP
- Step-4 Removal of the name of LLP
After the receipt of proper documents and checking by the registrar, registrar will pass a order regarding removal of the name of LLP from the register.
- Incorporation certificate along with LLP agreement.
- Details of partners.
- Balance sheet and ITR of previous 3 year.
- Bank closure certificate.
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