21 January 2022
Hi, I applied for LLP Closure for my client via strick off. I submitted all docs and attach to form. However, I got email for resubmission with docs. Below is remark: A statement of accounts as per prescribed format disclosing Nil assets and Nil liabilities [sub-clause (a) of clause (II) of sub-rule (1A) to rule 37] not more than thirty days before the date of application and certified by a Chartered Accountant to be submitted. - I attached. Affidavit signed by designated partners [sub-section (b) of clause(II) of sub-rule(1a) to Rule 37] to be furnished. - Attached. Income Tax Return - Attached Proof of closure of Bank A/c, Consent of creditors, - I did not attach as no bank account was opened and I mentioned it on affidavit. There is no creditor. Resolution for strike off and Indemnity Bond to be furnished. - Attached.
Can anyone guide me whom to contact in this manner? I called MCA but the lady on the other side told me that She could not tell exactly what was the issue.
09 July 2024
It seems like the Registrar of Companies (RoC) has requested specific documents related to the closure of your client's LLP through strike off. Based on the remarks you received, here are some insights and steps you can take to resolve the issue:
### Review the Requirements 1. **Statement of Accounts:** Ensure the statement of accounts is prepared in the prescribed format disclosing Nil assets and Nil liabilities. It should be certified by a Chartered Accountant and dated not more than thirty days before the date of the application.
2. **Affidavit:** Confirm that the affidavit signed by designated partners is correctly filled out and includes all necessary declarations as required by the sub-section mentioned.
3. **Income Tax Return:** Verify that the Income Tax Return attached is relevant and up-to-date, covering the necessary financial period.
4. **Proof of Closure of Bank Account:** If no bank account was opened, clearly mention this in the affidavit. Ensure that the closure process of any accounts related to the LLP is documented or explained clearly.
5. **Consent of Creditors:** If there are no creditors, document this clearly in the submission. You can provide a declaration or affidavit stating that there are no outstanding liabilities to creditors.
**Resolution for Strike Off and Indemnity Bond:** Ensure the resolution for strike off and the indemnity bond are correctly filled out and attached as required.
### Next Steps Since you've already contacted MCA and faced some difficulty in obtaining clarity, here are additional steps you can consider:
1. **Detailed Documentation Review:** Double-check all documents against the specific requirements mentioned in the remarks.
2. **Consultation with a Chartered Accountant:** If possible, seek advice from a Chartered Accountant experienced in LLP closures. They can provide guidance on preparing the statement of accounts and other financial documentation.
3. **Professional Advisor or Legal Counsel:** Consider consulting with a legal professional specializing in corporate law or LLP closures. They can provide insights into regulatory requirements and help resolve any discrepancies.
4. **Follow-up with MCA:** Persist in your communication with MCA or RoC. Request a detailed clarification in writing regarding the specific issues or deficiencies in your submission.
5. **Submission of Revised Documents:** Once you have clarified the requirements and made necessary revisions to your submission, resubmit the documents promptly to avoid delays in processing.
By ensuring thorough documentation and seeking appropriate professional advice, you can address the RoC's requirements effectively and move forward with the LLP closure process.
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