Business Registrations
How to Reopen or Restore a Struck-Off Private Limited Company in India
Imagine you registered a private limited company a few years ago, but it was stricken off the records due to paperwork or commercial slowdown.
6 min read
Close a Limited Liability Partnership
Every LLP registered in India has to file its annual returns and statement of accounts whether or not it trades. Striking the name off the register is the way to stop that, without a liquidator or a Tribunal.
- Documents required for the strike-off drafted
- The application for closure filed through LLP Form 24
- The application filed in 21 working days
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- No liquidator and no application to the Tribunal
- A dedicated relationship manager from start to finish
- Guidance on the pre-requisites before you commit
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Close the formA few details, then secure checkout. Your expert takes it from there.
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Closing a Limited Liability Partnership
The two ways out, the three conditions a strike-off requires, and why LLPs choose LegalWiz.in to handle the closure.
An LLP is a separate legal entity, created by following a legal procedure, so closing it means following one too. It can be closed by winding it up, or by striking its name off the Register of LLPs.
Winding up can be a costly and time-consuming affair, because it involves approval from the Tribunal and the appointment of a liquidator. So an LLP that has been non-operative since its formation, or for more than a year, generally takes the easier route out: a strike-off.
The LLP is declared struck off after the Ministry publishes its notice, and from that point it ceases to exist in the eyes of the law. The reason to do it rather than leave a dormant LLP in place is that the statutory cost of maintaining one is higher than the cost of winding it up. An LLP that has never opened a bank account or commenced business still has to make its filings every year to stay compliant and avoid penalties.
- Easiest route
- Striking off
- Declaring the LLP defunct
- Dormant period
- One year
- Since incorporation, or since it ceased
- Bank accounts
- All closed
- Every account in the name of the LLP
- Compliance
- Fully met
- Annual compliance up to date
- Filed in
- LLP Form 24
- Online with the Registrar of Companies
- Liquidator
- Not required
- Nor any application to the Tribunal
- Public notice
- One month
- The Registrar publishes for objections
- Application filed in
- 21 working days
- Which is when our work is done
Why LLPs choose LegalWiz.in
- An expert team of qualified CA, CS and lawyers
- A dedicated relationship manager with on-call support
- The entire closure is handled online
- Quick turnaround and economical pricing
- Thousands of happy customers across every state in India
- Backed by secure technology
What the closure covers
Your relationship manager and the drafting team handle everything below. You supply the documents once and execute the affidavit and the indemnity bond.
- Review of the details and documents furnished
- Drafting of the necessary resolutions
- Drafting of the affidavit, the indemnity bond and the other documents
- Preparation of the online application
- Filing of LLP Form 24 with the MCA
Government fees are charged at actuals. The stamp duty and the notary on the affidavit and the indemnity bond are completed by you in your own state or city, and the application has to be made within 30 days of the date the statement of assets and liabilities is prepared.
Before a strike-off can be filed
Non-operative for a year
The LLP must have discontinued its operations for a minimum period of one year, or never have commenced business at all.
Fully compliant
The LLP has to be fully compliant with its annual compliance requirements and everything else that applies to it.
Bank accounts closed
Every bank account opened in the name of the LLP has to be closed. This is the condition that most often holds an application up.
Books closed
Where the LLP has assets and liabilities, they have to be distributed and paid first, and the statement certified by a practising chartered accountant.
Why closing beats leaving an LLP dormant
It ends the filing obligations
The statutory cost of maintaining an LLP is higher than the cost of winding it up. Where an LLP is dormant it is better to wind it up than to keep meeting compliances for a business that is not trading.
It stops the fines and penalties for late filing
Every LLP registered in India has to file its annual returns and statement of accounts for each financial year, whatever its revenue or profit and regardless of whether it is working. An LLP that has never opened a bank account or commenced business still owes those filings each year.
Striking off against winding up
The route is decided by what is still on the LLP’s books. Open any row to read the detail behind both answers.
| Attribute | Striking off | Winding up |
|---|---|---|
| Which route applies | ||
| A dormant entityThe fast-track route, for an entity that has stopped trading and has little or nothing left on its books. | An operating entityThe route for an entity that is still operative and has assets to realise and liabilities to settle. | |
| One yearThe LLP must have carried on no business since incorporation, or have ceased to operate, with a year having passed either way. | Not requiredWinding up is available whether or not the entity has traded. It is the route for one that has. | |
| Must be nilEvery liability has to be repaid or extinguished and the books closed before the application goes in. | Realised and settledAssets are sold and the proceeds applied against the liabilities as part of the process itself. | |
| What it involves | ||
| Not appointedNo liquidator and no application to the Tribunal, which is the main reason this route is faster and cheaper. | RequiredA liquidator is appointed to manage the affairs of the entity for the whole of the process. | |
| Partners and creditorsThe consent of the partners, plus a no objection certificate from any secured creditor and from the authority regulating the LLP, where one applies. | Members, directors, creditorsApproval is needed from all three, and the Tribunal is involved where the winding up is compulsory rather than voluntary. | |
| LLP Form 24Filed online with the Registrar of Companies (LLP). | Depends on the routeA voluntary winding up and one ordered by the Tribunal follow different procedures and different forms. | |
| What to expect | ||
| LowerNo liquidator to pay and fewer filings. For a dormant entity the cost of the exit is usually less than another year of keeping it compliant. | HigherThe liquidator, the valuations and the longer schedule each carry a cost. | |
| About 90 daysCounted from the date the application reaches the Ministry. The Registrar then publishes a notice inviting objections before the name is removed. | Considerably longerIt is a time-consuming process and no reliable figure can be put on it in advance. Your relationship manager will estimate it against your own books. | |
| Next step | Get started | |
Swipe the table sideways, Striking off stays in view. Open any attribute to read the detail behind both answers.
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Documents required to close an LLP
Most of this is about proving the LLP has nothing left on its books, and that every partner agrees.
PAN card
The PAN of every partner and of the firm, as identity proof.
LLP agreement
The LLP agreement, together with every modification made to it since.
Address proof of the firm
Where the registered office is rented, the rent agreement, one utility bill for electricity, water, property tax or gas, and a no objection certificate from the landlord.
Accounting information
The financial statement of the LLP, with a copy of the acknowledgement of the latest income tax return.
List of secured creditors
A list of the secured creditors of the LLP, where it has any.
NOC from creditors
A no objection certificate for the strike-off from every secured creditor, where there are any.
Statement of assets and liabilities
A statement of the assets and liabilities of the LLP, certified as true and correct by an auditor or a chartered accountant in practice.
Strike off your LLP in three easy steps
Step 01
Answer a few quick questions
- Spend less than 10 minutes on a simple set of questions
- Share the basic details and documents required for the dissolution
- Pay through a secure payment gateway
Step 02
Our experts take over
- You are assigned a dedicated relationship manager
- The documents required for the strike-off are drafted
- The application for closure is filed through LLP Form 24
Step 03
The closure application is filed
- Our part takes 21 working days
- The Registrar then publishes the application for one month before striking off
Subject to government processing time.
How long the closure takes
Twenty-one working days to get the application filed. The Registrar then publishes it for a month, and the strike-off order follows if no representation is received.
Days 1 to 2
2 of 21 working days
- Discussion and collection of basic information
- You provide the required documents
Days 3 to 8
6 of 21 working days
- Review of the details and documents furnished
- Drafting of the necessary resolutions
- Drafting of the affidavit, indemnity bond and other documents
- You return the executed affidavit, indemnity bond and signed documents
Days 9 to 13
5 of 21 working days
- Preparation of the online application
- Filing of LLP Form 24 with the MCA
Days 14 to 21
8 of 21 working days
- Government processing time to approve the strike-off
- Notice of strike-off published by the MCA after approval
Subject to government processing time. The Registrar publishes the content of the application on the MCA website for one month, so that the general public can make representations, before passing the order to strike the name off.
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What is the procedure for an LLP strike-off?
The procedure to dissolve an LLP runs in four steps:
- The applicant files LLP Form 24 online with the MCA, with the required documents
- A no objection certificate is obtained from the authority regulating the LLP, where one applies, SEBI or the RBI for example
- The Registrar publishes the content of the application on their website for one month, for the information of the general public and to receive representations
- On the expiry of that period, where no reply or representation has been received and the Registrar is satisfied there is sufficient cause, an order is passed striking the name off the Register
What are the ways to close a business run as an LLP?
The business can be closed at the will of the partners in any of three ways:
- Declaring the LLP defunct, which is the strike-off route
- Voluntary winding-up of the LLP
- Compulsory winding-up of the LLP, initiated by the Tribunal
What is the easiest way to close an LLP?
Applying to strike the name off by declaring the LLP defunct for a period of one year or more.
It is the easiest route because there is no involvement of a liquidator or a Tribunal. A few conditions have to be met first, which are set out above.
Which LLPs can apply to strike their name off?
An LLP that has not commenced any business since its incorporation, or one that has ceased to operate.
In both cases a period of one year must have passed.
Does a liquidator have to be appointed?
No. Neither the appointment of a liquidator nor an application before the Tribunal is required for a strike-off.
A liquidator is appointed only where the LLP is dissolved through a voluntary or compulsory winding up.
Can I strike off an LLP that still has assets and liabilities on its books?
The LLP has to close its books of account first, after distributing the assets and paying the liabilities. That statement has to be duly certified by a chartered accountant in practice.
Care should be taken that the application to strike off is made within 30 days of the date the statement is prepared.
What if the LLP is still operating today?
The partners have to wait for a year to pass since the last transaction in the name of the LLP before this method of closure is open to them.
Where they do not wish to keep the LLP for that long, they can take the winding-up route instead, with the help of a liquidator.
Does the LLP’s PAN card have to be surrendered after the strike-off?
Yes, an application to surrender the PAN card has to be made.
That service is not included in our package.
Does LegalWiz.in pay the stamp duty on the affidavit and indemnity bond?
No. The payment of stamp duty and the notary on the affidavit and the indemnity bond have to be completed by the client, in their own state or city.
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Close your Limited Liability Partnership
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