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Winding up of LLP

Alka (aaa) (29 Points)

12 May 2011

Dear sirs,

I wanted to know the procedure of LLP closure and fees involved in it.

Also let me know if the conversion of LLP to private limited can be done or not???? If yes please let me know the procedure.

_thanks

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11 Replies

Madhusudan Kabra (knowledge seeker) (1779 Points)
Replied 12 May 2011

Dear Alka

Any LLP may be wound-up voluntarily if the LLP passes a resolution to wind up the LLP with approval of at least three-fourths of the total number of its partners. A copy of the resolution shall be filed with the Registrar within thirty days of passing of such resolution in Form No. 1.

Attaching LLP windingup Rules for Your reference.

Regards

Madhusudan

Attached File : 87098 52 llpwinding up rules2010.pdf downloaded: 2367 times

Sandeep (NA) (56 Points)
Replied 05 December 2012

Originally posted by : Madhusudan Kabra
	Dear Alka Any LLP may be wound-up voluntarily if the LLP passes a resolution to wind up the LLP with approval of at least three-fourths of the total number of its partners. A copy of the resolution shall be filed with the Registrar within thirty days of passing of such resolution in Form No. 1. Attaching LLP windingup Rules for Your reference. Regards Madhusudan

I saw on the MCA website that there is another way of closing an LLP that is called Making the LLP defunct or requesting the registrar to strike off the name. Can you please let me know how to close an LLP if it is less than 1 year old?

ANTONY EDGAR (CA in Practice) (89 Points)
Replied 06 December 2012

Originally posted by : Madhusudan Kabra

Dear Alka

Any LLP may be wound-up voluntarily if the LLP passes a resolution to wind up the LLP with approval of at least three-fourths of the total number of its partners. A copy of the resolution shall be filed with the Registrar within thirty days of passing of such resolution in Form No. 1.

Attaching LLP windingup Rules for Your reference.

Regards

Madhusudan

Dear Mr.Madhusudha,

This rule has been updated on July 2012 however its more or less same. The link for the latest rule is given below

https://www.mca.gov.in/LLP/pdf/G.S.R(E)_001_10_07_2012.pdf

ANTONY EDGAR (CA in Practice) (89 Points)
Replied 06 December 2012

Originally posted by : Sandeep Tripathy
	Originally posted by : Madhusudan Kabra Dear Alka Any LLP may be wound-up voluntarily if the LLP passes a resolution to wind up the LLP with approval of at least three-fourths of the total number of its partners. A copy of the resolution shall be filed with the Registrar within thirty days of passing of such resolution in Form No. 1. Attaching LLP windingup Rules for Your reference. Regards Madhusudan I saw on the MCA website that there is another way of closing an LLP that is called Making the LLP defunct or requesting the registrar to strike off the name. Can you please let me know how to close an LLP if it is less than 1 year old?

In the MCA website there is a form24 for striking the name of the LLP, however as Madhusudan has pointed out, in the winding up rules the forms to be filled are completely different and its currently not available on the MCA website for e-filling. Check with your ROC or with MCA customer service, if we can still file form24 for striking out the name.

ANTONY EDGAR (CA in Practice) (89 Points)
Replied 06 December 2012

Hi,

Form24 has to be used for winding up of LLP. Just confirmed with MCA

PRADEEP MULANI (Partner in MULANI BHANSARI & SHAH ) (142 Points)
Replied 21 June 2013

Dear ANTONY EDGAR Sir,

We wish to file Form-24 for LLP but we are unable to find the format for the following attachements:

Attachments

1. *Copy of detailed application

2. *Copy of authority to make the application

3. *Copy of consent of all partners

4. *Copy of consent of all creditors

5. *Copy of undertaking/ indemnity bond for striking off name

6. *Copy of statement of assets and liabilities duly certified as

true and correct by auditor/ chartered accountant in practice

Please provide or guide us from where to find the format for said attachments so that we can prepare it.

Awaiting your positive & optimistic reply...

vimala (Qualified Paid Assisstant) (56 Points)
Replied 13 December 2014

sir did somebody get the formats...pls upload them

thank u

namrata (company secretary ) (422 Points)
Replied 15 December 2014

Dear Alka ,

Kindly note that if your LLp is not carrying on business for less then 1 year then you have to go for voluntary winding up.and follow LLp rules as attached by Mr.Madhusudhan.

If it is not operational for more then 1 or 2 Fy then you can go for strike off by simply filing E-form 24 .

Regards

Namrata Pai

CS Priyanka Chugh (Practicing Company Secretary) (32 Points)
Replied 16 September 2015

Is it mandatory to file all its returns i.e. Form 8 and Form 11 before filing application for closure of LLP. what is the statutory fee for filing form 24?

ninad sapre (CA final) (52 Points)
Replied 02 November 2015

Originally posted by : namrata
	Dear Alka , Kindly note that if your LLp is not carrying on business for less then 1 year then you have to go for voluntary winding up.and follow LLp rules as attached by Mr.Madhusudhan. If it is not operational for more then 1 or 2 Fy then you can go for strike off by simply filing E-form 24 . Regards Namrata Pai

as mentioned by the Ms. Alka.. as in the same case if i have not filed the statement of account and returns of llp for the last two years and received notice from the registrar for the same..
my question to you is can you please tell me whether we can strike off the name by filing form 24