Llp close format

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

1. 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.
2. 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.
3. 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. 
4. 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. 
5. 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 
6. 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

1. There should have been no liability existing or obligation subsisted on part of LLP and its partners.
2. There should be no litigation pending for or against LLP.
3. 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
4. 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

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

Thanks Tarunji

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

Thanku So much Tarun Ji. Its Been hell of a experience finding draft docs for llp closure finally got it becoz of you

Thanks

Hello

I have filed Form 2 for LLp Incorporation but before filing form 3 within 30 days, unfortunately both the designated partners ahd decided to wind up.

Now LLP incorporated in January 2018, partners want to wind up now. 

WHAT IS THE PROCEDURE TO CLOSE LLP WHERE EVEN FORM 3 IS NOT FILED.

NAVEEN

Hello

I have filed Form 2 for LLp Incorporation but before filing form 3 within 30 days, unfortunately both the designated partners ahd decided to wind up.

Now LLP incorporated in January 2018, partners want to wind up now. 

WHAT IS THE PROCEDURE TO CLOSE LLP WHERE EVEN FORM 3 IS NOT FILED.

NAVEEN

You can file form 24. However you will have to file form 3 before winding up.

Regards,

Feni Shah

Feni Shah & Associates

9833225599

You can file form 24. However you will have to file form 3 before winding up.

Regards,

Feni Shah

Feni Shah & Associates

9833225599

Hi Tarun,

That was really helpful! Thanks.

I had a query, If an LLP, post its incorporation has never commenced its business, Is it still liable to file forms 8&11?

Kindly advise.

What is the format of " statement of assets and liabilities " in the case where the balance sheet is nil