STRIKE OFF LLP

STRIKE OFF LLP

The statutory provisions regarding the strike off of LLP are given in the clause (b) of sub-rule 1, rule 37 of the LLP Rules, 2008. There is no provision of exemption for filing the e-form (LLP-8 and LLP-11) for strike off of LLP according to the rules. Every LLP must complete annual filing before strike off of LLP. 

Ways of striking off an LLP?

• By declaring the LLP as defunct
• By winding up of LLP 

Documents required for Strike of LLP:

• An account statement notifying no assets and no liabilities that have been certified by a CA (Chartered Accountant) in practice and that is made up to date that is not earlier than 30 days of the date of filing of form-24,
• A copy of the acknowledgement of the latest Income Tax Return,
• A copy of the initial LLP agreement, (if it is entered into and has not been filed) with any changes thereof,
• An affidavit duly signed by the designated parties (jointly or severally) stating that-
• The LLP has not commenced its business, or after it commenced business, it ceased to carry on the business from such date.
• The LLP has no liabilities and indemnifying any liability that could arise after its name is struck off from the register.
• The LLP has not opened any bank account, and if it were opened, the bank account has been closed since, with certificate or statement from the said bank showing the closure of the Bank Account.
• The LLP has not filed any Income Tax Return where it has not carried any business since its inception, if applicable.
• A copy of the application in detail mentioning the full details of LLP along with the reason for closure,
• A copy of the authority to make the application signed by all the partners 

The name of the Limited Liability Partnership can be struck off by the registrar or by the LLP itself in Form-24 by the consent of all the partners. After the receipt of the application, the registrar shall send a notice to the LLP and all its partners about his intention to remove the name of the LLP from the register. He shall request them to send representations with the copies of the relevant documents within 30 days from the date of the notice. After the time in the notice expires, the registrar shall, if satisfied that there are no adverse representations from LLP partners or from the public, strike off the name of the LLP from the register and publish a notice in the official gazette.