What is the strike-off process of LLP?

Meaning of Strike-Off

  • Strike-off is the process of removing the name of an LLP from the register maintained by the Registrar
  • It is done when the LLP is no longer carrying on business or operations
  • The process is initiated by the LLP through voluntary application or by the Registrar suo motu
  • Once struck off, the LLP is treated as non-existent in legal records
  • The process is governed by Rule 37 of the LLP Rules, 2009

Eligibility for Strike-Off

  • The LLP must have ceased operations for at least one year
  • It should have no liabilities or pending litigations at the time of application
  • All statutory filings and compliances should be up to date
  • Partners must agree to voluntarily close the LLP through a resolution
  • The LLP must not be engaged in any regulated or restricted sector

Documentation Required

  • Consent of all partners through a resolution for closure
  • Statement of Accounts showing nil assets and liabilities, certified by a Chartered Accountant
  • Affidavit and Indemnity Bond by all partners as per the prescribed format
  • Copy of the latest Income Tax Return or a declaration stating non-filing due to inactivity
  • Details of any pending legal proceedings or regulatory actions, if applicable

Filing with Registrar

  • File Form 24 with the Registrar of Companies for strike-off
  • Attach all supporting documents, including affidavit, indemnity bond, and resolution
  • The form must be digitally signed by a designated partner and certified by a professional
  • The Registrar reviews the application and may seek clarification if required
  • If satisfied, the Registrar publishes a public notice and proceeds to strike off the LLP

Post Strike-Off Status

  • The LLP’s name is removed from the official register and the MCA portal
  • The LLP is legally considered dissolved and non-operational
  • The partners remain liable for any undisclosed liabilities or fraud committed before the strike-off
  • The LLP cannot carry on any business or legal activity after a strike-off
  • Revival is possible only through application to the Tribunal within a prescribed time

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