LLP is a body corporate where the liability of members is limited up to their contribution and the functioning is flexible in nature. It is the hybrid of both company and partnership. Winding up your LLP firm has its own procedure. The detailed information is given below.
The LLP must fulfill these conditions before applying for closure:
LLP can be closed for many reasons such as non-functioning, inactive, conflicts between partners, etc. Following the step-by-step resolution structure provides complete freedom from legal complications.
The first step is to pass a special resolution by all or ¾th of the partners of the firm for dissolution.
Defunct Method: If the LLP is in-active from the date of incorporation or for at least 1 year, then you can defunct by applying for form 24 with the Ministry of Corporate Affairs.Then you must file form 1 with the MCA along with the resolution copy and the firm should settle debts if any within 1 year from the date of declaring closure and declare itself that there is no debt by at least 2 members.
Voluntary Winding Up: If partners decide to voluntarily wind up the LLP, it can be made by passing a special resolution and clearing off any debts by the appointed liquidator from NCLT, and then NCLT will declare closure.After that form 4 should be submitted with the required documents within 15 days after filing the form.
Involuntary Winding Up: When the LLP becomes insolvent, the creditors can apply for winding up to NCLT and they start the process by appointing a liquidator for clearing debts as much as can.The firm should obtain consent from at least 2/3th of the company's creditors.
Filing Pipeline Pipeline Process StepAfter that, if there are any assets or liabilities, a liquidator will be appointed for liquidation by filing form 6 within 14 days after receiving consent.
Filing Pipeline Pipeline Process StepForm 24 should be filed for closure of LLP with DSC of partners and it should be certified by any CA or CS or CMA.
Filing Pipeline Pipeline Process StepAnd the last step is to file form 9 containing a statement of final accounts and submit it to the registrar of companies.
Filing Pipeline Pipeline Process StepAfter that, you must close your LLP's bank account and obtain a closure certificate from the bank.
Filing Pipeline Pipeline Process StepProfessional Fees Summary
+ Govt. Fee & GST
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