PROVISIONS: According to the provision of Section 75 of the Limited Liability Partnership Act, 2008 read with Rule 37, where a LLP is not carrying on any business or operation for a period of 1 year, such LLP can make an application for purpose of suo-moto striking off of the name of the LLP from the Registrar.
PROCESS FOR CLOSING DOWN LLP BY FILING APPLICATION TO ROC: –
LLP Closure Process in India || How to Close LLP || Steps to Close LLP
DOCUMENTS REQUIRED TO BE ATTACHED WITH THE FORM 24: –
- Statement of Accounts: 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.
- Income Tax Return: Copy of acknowledgement of latest Income tax return.
- Application: A detailed application for closure with the reason for closure.
- Affidavit: An affidavit signed by the designated partners, either jointly or severally, to the effect –
- that the LLP has not commenced business or where it commenced business, it ceased to carry on such business from ________(dd/mm/yyyy)
- that the LLP has no liabilities and indemnifying any liability that may arise even after striking off LLP name from the Register
- that the LLP has not opened any Bank A/c and if it had opened, the said bank a/c has since been closed together with certificate or statement from the respective bank demonstrating closure of Bank A/c.
- that the LLP has not filed any ITR where it has not carried on any business since its incorporation, if applicable.
- Copy of Authority to Make the Application: It should be duly signed by all the Designated Partners.
- Indemnity Bond: The application in the Form 24 must be accompanied with an Indemnity Bond given by each designated partner of applicant LLP separately, duly notarized to the effect that should there be any liabilities on the LLP, such liabilities will be met in full by the designated partners of the applicant LLP even after the name of the LLP is struck off the register of the companies and will be liable jointly as well as severally. Indemnity Bond is required to be given on the Non-Judicial Stamp Paper of adequate value as applicable in the State where the Registered Office of the LLP is situated. Therefore, the text of the Indemnity Bond should be typed on the Non-Judicial Stamp Paper and then should be executed before the Public Notary.