FAST TRACK EXIT (FTE) SCHEME FOR LLP
APPLICATION BY
LLP FOR STRIKE OFF ITS NAME FROM THE REGISTER OF LLP
[Rule 37 of the Limited Liability Partnership Rules,
2009]
Where a limited
liability partnership (LLP) is not carrying on any business or operation since
incorporation or for a period of one year or more, shall make an application in Form 24 to
the Registrar for striking off its name from the register.
But before
filing Form 24, the LLP shall file overdue returns in Form 8 and Form 11 up to
the end of the financial year in which the LLP ceased to carry on its business
or commercial operations.
The Form 24
shall be filed with the following attachments:
1.
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 30 days of
the date of filing of Form 24;
2.
An
affidavit individually by the designated partner.
3.
A
copy of the acknowledgement of the latest Income-tax return filed where the LLP
has carried out any business and has filed such return.
4.
Copy
of the initial LLP agreement, if entered into and not filed, along with changes
thereof in cases where the LLP has not commenced business or commercial
operations since its incorporation.
5.
Consent
by each partner to make the application
6.
Indemnity
Bond- jointly or severally by Designated Partners
7.
Authority
Letter signed by each designated partner
8.
Address
and ID proofs of the Designated Partners.
9.
Any
other documents, if required.
NOTE:
1.
The date of cessation of commercial operation is the
date from which the Limited Liability Partnership (LLP) 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.
2.
Where the limited liability partnership is regulated
under a special law, the application for removal of its name shall be
accompanied by approval of the regulatory body constituted or established under
that law.
After receiving
the application in Form 24, the Contents of an application shall be placed on
the website of the Ministry of Corporate Affairs for the information of the
general public for a period of one month.
At the expiry of
one month the Registrar may, by an order, unless cause to the contrary is shown
by the limited liability partnership, or the Registrar is satisfied that the
name should not be struck off from the register, 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.
The Registrar,
before passing an order, shall, where he has sufficient cause to believe that
the LLP 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.
STRIKE OFF THE
NAME OF LLP SUO MOTU BY ROC
[Section 75 of the LLP Act, 2008 read with Rule 37
of the LLP Rules, 2009]
Where a LLP is
not carrying on any business or operation for a period of two years or more, the
Registrar shall suo-motu strike off the name of the LLP from the register.
Before striking
off the name of the LLP, the Registrar shall send a notice to the LLP and all
its partners, of his intention to strike off the name of the limited liability
partnership from the register and requesting them to send their representations
along with copies of the relevant documents, if any, within a period of one month
from the date of the notice.
A notice issued
shall be placed on the website of the Ministry of Corporate Affairs for the
information of the general public for a period of one month.
At the expiry of
the time mentioned in the notice, the Registrar may, by an order, unless cause
to the contrary is shown by the limited liability partnership, or the Registrar
is satisfied that the name should not be struck off from the register, 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.
The Registrar,
before passing an order, shall, 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.
LIABILITY AFTER DISSOLUTION
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.
The liability,
if any, of every designated partner of the limited liability partnership dissolved
shall continue and may be enforced as if the limited liability partnership had
not been dissolved.
Nothing in this
rule shall affect the power of the Tribunal to wind up a limited liability
partnership the name of which has been struck off the register.
Contact Details:
VISHAL SHARMA
Company Secretary
Mob: 9716763754
Email: csvishalpbs@gmail.com
Please note that for any query and consultancy Rs. 500/- will be charged.
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Disclaimer: The Content is prepared on the basis of our general understanding and on the basis of relevant provision of Companies Act, 2013 read with rules made there under. The whole content is only for the knowledge sharing purpose, we do not take any responsibility for the correctness of the same.
Disclaimer: The Content is prepared on the basis of our general understanding and on the basis of relevant provision of Companies Act, 2013 read with rules made there under. The whole content is only for the knowledge sharing purpose, we do not take any responsibility for the correctness of the same.
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