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Llp close format

Anil Kumar Barnawal (Self Employed) (54 Points)

15 April 2014

Dear Sir,

Please Provide the Formats for LLP Closure

• Copy of detailed application (Mandatory)

• Copy of authority to make the application (Mandatory)

• Copy of consent of all partners (Mandatory)

• Copy of consent of all creditors (Mandatory)

• Copy of the undertaking/ indemnity bond for striking off name (Mandatory)

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12 Replies

Tarun Dua (Compliance Officer) (126 Points)
Replied 16 December 2014

Hello Everyone,

As i can see there has been no formats avaialble on web about the closure of LLP in India, I decided to create and uplaod the same for your help, i hope you will find it suitable for your need..

Declaring the LLP as Defunct

In case the LLP wants to close down its business or where it is not carrying on any business operations, it can make an application to the Registrar of Companies for declaring the company as defunct and removing the name of the LLP from its register of LLP’s.

The procedure is given below

An application is required to be made in eForm 24 to the Registrar of Companies for Striking off the name of the LLP under clause (b) of sub rule 1 of Rule 37 of LLP Rules 2008 with the consent of all partners.
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.
Application submitted to be supported by Indemnity Bonds to indemnify any person legally claiming after the LLP to be striked off and duly sworn Affidavits declaring all the information provided and statements given to be true, from all partners.
Application filed also to be supported by approvals or No Objection Certificates from concerned Regulatory Authorities with which the LLP is registered. For eg. LLP engaged in or registered with RBI for Banking Business has to obtain NOC from RBI before winding up of its affairs.
The Registrar, where he has sufficient cause to believe that the limited liability partnership has any asset or liability, satisfy himself that sufficient provision has been made for the realization of all amount due to the limited liability partnership and for the payment or discharge of its liabilities and obligations by the limited liability partnership within a reasonable time and, if necessary, obtain necessary undertakings from the designated partner or partner or other persons in charge of the management of the limited liability partnership
On the expiry of period of one month, the Registrar may, 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 dissolved.

Guidelines

There should have been no liability existing or obligation subsisted on part of LLP and its partners.
There should be no litigation pending for or against LLP.
The assets of the limited liability partnership shall be made available for the payment or discharge of all its liabilities and obligations even after the date of the order removing the name of the limited liability partnership from the register
Liability of the Designated Partners subsists even after dissolution of LLP for payment of any legal dues to its creditors and other persons as if the LLP has not been dissolved.

I have Summed up all the fomats in one file , find as attached herewith

Regards

Tarun Dua

Company Secretary

Attached File : 363744 1389968 llp mandatory documents.doc downloaded: 4497 times

2 Like

namrata (company secretary ) (422 Points)
Replied 16 December 2014

Hi Tarun,

This is namrata , i read the procedure you mentioned for LLP closure.

I had a query,we have a LLp in which there is no business from last few months ,it was incorporated in 2012.
Which procedure we need to adopt for closure:
1. Filing Form-24
2. As per LLp rules going for voluntary winding up(Form1-Form-8)

I request you to guide me on the same.

Thanks in advance
Regards
Namrata Pai

Anil Kumar Barnawal (Self Employed) (54 Points)
Replied 07 March 2015

Thanks Tarunji

CS MOHIT SALUJA (PRACTICING CS Jalandhar 9914558709) (5155 Points)
Replied 15 April 2015

Dear Namrata, its better to go for FILING fORM 24 WHEREBY declaring a LLP as defunct onw bwcause it is teh simplest way to close down a LLP where as in winding up it will cost you much and will take much of yoyr time for the purpose of winding up