As LLP is a separate legal entity, it is created by following a legal proceeding hence when it comes to its closure there is a proper legal procedure to be followed. An LLP may be closed through winding-up or through striking off its name from Register of LLP. The winding-up may be a costly or time-consuming affair for many LLPs as it includes approval from Tribunals and involvement of Liquidators. Therefore, the LLP that has been non-operative since its formation or for more than a year, may proceed the easy way of exit i.e. Strike-off. The LLP will be declared struck-off after the publication of notice by Ministry. Once it is struck-off, the LLP cease to be in existence in eyes of law.
To avoid compliance and filing responsibilities for the LLP’s which are not active. The statutory compliances of maintaining an LLP are higher than the cost of winding up. If the LLP is dormant it’s better to wind up than fulfill the compliances.
To avoid fines and penalty for late filing, it is better to officially Wind Up LLP’s which are inactive.
All LLPs registered in India have to file the annual returns and statement of accounts for each Financial Year irrespective of annual revenue or profit disregard of its working. LLP that hasn’t opened a bank account or commenced business activity would have to file the following filings each year to maintain LLP compliance and avoid penalty.
Original PAN Card of the LLP and Copy of PAN of all partners are to be submitted
LLP Agreement with amendments if any
Latest utility bill copy
If the place is rented
The financial statement of the LLP with copy of acknowledgement of latest Income Tax Returns
NOC for strike-off to be obtained from secured creditors if any
Statement of Assets and Liabilities of LLP certified by auditor/charted accountant in practice.
The LLP must discontinue its operations for a minimum period of 1 year
The LLP must be fully complied with Annual Compliance requirement and more
The LLP must close all the bank accounts opened in the name of the LLP
Step 01
Step 02
Step 03
All these takes 18 – 20 working days*
*Subjected to Government Processing Time