How to Remove LLP Name from Government Records - Striking Off Defunct LLP
A limited liability partnership (LLP) that does not have business operations for a period of one year or more is considered as defunct LLP. Winding up of an LLP can be done either voluntarily or by Tribunal but in case of defunct LLP it can be closed by simply striking off its name. Now to Remove LLP Name, Its name can be removed from the LLP register by following some simple steps of striking off its name.
If an LLP is not having any business for at least a year then its closure can be initiated either by the Registrar or the LLP. This provision is only applicable in case of defunct LLPs.
Procedure to Remove LLP Name from Government Records -
The application for striking off the name of LLP is submitted electronically in Form 24. The form needs to be submitted with the Registrar after all the partners have given their consent to wind the LLP up.
If the Registrar wants to wind up a defunct LLP then he to will use this Form. After receipt of application the Registrar will send a notice to the LLP as well as to all the partners asking them to make representations along with relevant documents within one month of the date of notice.
The Registrar also uploads the notice on Ministry of Corporate Affairs (MCA) website to inform general public.
Within the next one month if no adverse representation is received the Registrar will strike off the name of the LLP from its registers and publish the dissolution in the Official Gazette.
Once the notice is published, the LLP will stand dissolved. The Registrar will strike off the name of LLP only after thorough deliberation. Only after he is absolutely satisfied will he go ahead with the dissolution.
In case a partner is not happy with the striking off then he can submit an application with the Tribunal for restoration of LLP. The application must be made within 5 years of the publication of notice in the Official Gazette.
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