Winding up of llp

Hi Everyone,

 

Me along with two other parteners have formed a LLP in FY 2011 - 12. Due to some reason we were not able to start the business. We have incorporated the LLP and got PAN card of the LLP too. We have not opened any bank account in the name of LLP and no financial transaction has ever taken place in name of LLP.

 

We have not filed Form 8 and Form 11 for the company to ROC since incorporation. We would like to wind up the LLP legally . We have been told that it is mandatory to filr Form 8 and Form 11 before applying for wind up. I would like your opinion on the same. The filing fees along with the penalty comes to around Rs.70,000/-. Is it really necessary to do the filings even if the LLP is defunct right from its incorporation.

 

Is there any way out of this to legally close this LLP, also what of we do not do any filings and keep it as it is. Will there be any liabilities arising out of it with ROC or IT dept? I badly need your opinions in this issue.

 

Thank you all for your reply in advance.

 

 

Replies (2)

Hi, 

I really need help on this. I just want to know whether it is necessary to complete the Form 8 and Form 11 filing before applying for winding up. We have not started any business since its incorporation.

Thank You.

 

Yes Chimnay you need to file annual returns and complete all statutory formalities before winding up.

regards

 

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