Summary
We at VGC can help you close your LLP
LLP stands for Limited Liability Partnership. It is an alternative corporate business form that offers the benefits of limited liability to the partners at low compliance costs. It also allows the partners to organize their internal structure like a traditional partnership. A limited liability partnership is a legal body, liable for the full extent of its assets. The liability of the partners, however, is limited. Hence, LLP is a hybrid between a company and a partnership. It is not the same as limited liability company LLC.
For closing an LLP, a resolution has to be filed by directors of the company with the ROC, within 30 days of its passing. Within 15 days of passing the resolution the statement of assets and liabilities after the closure of accounts, to the date of winding up of the LLP, attested by at least two partners must be submitted. A report of the valuation of company assets must be prepared. Once this has been done, the majority of partners need to make a declaration to the effect that the LLP has no debts or that it is in a position to pay all debts within a specified period, not exceeding one year from the date of winding up of the company.
In case of an existing LLP which is not carrying on any business or operation for a period of one year or more, it can make an application in Form 24 to the ROC, with the consent of all partners of the limited liability partnership for striking off its name from the register. Similarly, where the Registrar has reasonable cause to believe that a limited liability partnership is not carrying on business or its operation, in accordance with the provisions of this Act for a period of two years or more, the name of limited liability partnership may be struck off from the register of limited liability partnerships by ROC by taking suo moto action for striking off the name of the LLP. However, before striking off the name of the LLP by, the ROC shall give reasonable opportunity of being heard to the limited liability partnership and all its partners.
Documents
Documents Required for Close LLP
An application is required to be made in e-Form 24 to remove the name of the LLP, including the followings:
- Address Proof of LLP
- NOC from the landlord If the registered office place is rented, rent agreement & one utility bill water bill, electricity bill, property tax bill, gas receipt etc.
- Copy of the initial LLP agreement, along with changes thereof if entered into and not filed
- NOC for strike-off to be obtained from secured creditors & Partners if any
- Indemnity Bond
- DSC of designated partners to file form 24
- Statement of accounts duly certified by chartered Accountant in practice.
- Latest ITR filed under Income tax Act.
- Any other Document as required by concerned ROC.
Procedures
Characteristics Benefits and characteristics of close LLP
1. Free From Compliance Burden
Certain legal compliance needs to be done even if the LLP does not do any business or is inactive. There is no relaxation from filing TDS or GST returns even if there is no transaction; similarly, annual compliance like filing of ITR, Form 11 and Form 8 with the ROC is a must. Any failure on these aspects results in a heavy penalty. By closing an LLP that does not intend to do business, it is relieved of compliance burden.
2. Save Money on Compliance
As already discussed, even if the LLP does not do any business, it must file various returns under the law. There is a substantial cost regarding the professional fee for doing several compliances. If a due date for the compliance is missed, then it leads to an additional fee payable at Rs. 100 for each day of delay. Therefore, In these circumstances closing an inactive LLP is always a wise decision that will ultimately result in saving money in the long term.
3. Move on in Life
The decision to make an LLP always starts with the hope of making it big, but everything planned may not meet the same fate. Business decisions can go wrong. Hence, if the plans are not going well or the team that started the journey together does not seem in sync, it is always better to conclude the LLP & move on in life.
Contact us today at info@vgccs.in to learn more about our services and how we can help your business grow.