STRIKING OFF OF LLP

STRIKING OFF OF LLP

Striking off of LLP is a process in which the LLP is removed from the official record of registered businesses. The LLP will no longer be able to conduct business or enter into legal agreements after it has been struck off.

STRIKING OFF OF LLP WITHOUT FILING ANNUAL RETURNS

LLP was required to file all pending annual returns before making an application for strike off of LLP in form-24 But the Central Government hereby makes the following rules further to amend the Limited Liability Partnership Rules, 2009, namely:—

(1) These rules called the Limited Liability Partnership (Amendment) Rules, 2017.

(2) They came into force with effect  from  20th May, 2017. If a LLP is not carrying on any business or operation for a period of one year or more and wants to make an application in Form 24 to the Registrar as per clause b of sub rule 1 of rule 37 in The Limited Liability Partnership Rules, 2009, for striking off its name from the register, then LLP can make application in form -24 and need to:-

(I) file overdue returns in Form 8 and Form 11 up to the end of the financial year in which the limited liability partnership ceased to carry on its business or commercial operations.

The date of cessation of commercial operation is the date from which the Limited Liability Partnership ceased to carry on its revenue generating business and the transactions such as receipt of money from debtors or payment of money to creditors, subsequent to such cessation will not form part of revenue generating business.”

(II) enclose along with Form 24,—

(a) a statement of account disclosing nil assets and nil liabilities, certified by a Chartered Accountant in practice made up to a date not earlier than thirty days of the date of filing of Form 24;

(b) an affidavit signed by the designated partners, either jointly or severally, to the effect

(i) that the Limited Liability Partnership has not commenced business or where it commenced business, it ceased to carry on such business from ………….(DD/MM/YYYY);

(ii) that the limited liability partnership has no liabilities and indemnifying any liability that may arise even after striking off its name from the Register;

(iii) that the Limited Liability Partnership has not opened any Bank Account and where it had opened, the said bank account has since been closed together with certificate(s) or statement from the respective bank demonstrating  closure of Bank Account;

(iv) that the Limited Liability Partnership has not filed any Income-tax return where it has not carried on any business since its incorporation, if applicable.

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