An LLP strike-off is the process of formally dissolving a Limited Liability Partnership (LLP). It's applicable to LLPs that are no longer operational or have been dormant for a year or more. The procedure involves submitting Form 24 with the consent of all partners. The Registrar then issues a notice, allowing for objections within a month. If no objections arise, the LLP's name is removed from the Register.
Voluntary or Registrar-Initiated: The strike-off can be initiated by the LLP itself or by the Registrar.
Consent of Partners: All partners must consent to the strike-off.
Notice and Objections: The Registrar issues a notice, and interested parties can raise objections within a specified period.
Removal from Register: If no objections are received, the LLP's name is removed from the Register.
An LLP strike-off can be initiated either by the Registrar or by the LLP itself, provided all partners consent. The LLP must submit e-Form 24 to initiate the process. Upon receiving the application, the Registrar will notify all partners of their intention to remove the LLP's name from the register and request any representations or relevant documents within one month. Additionally, the notice will be published on the MCA website for public information.
If no objections are raised within the specified timeframe, and the Registrar is satisfied with the circumstances, they may proceed with striking off the LLP's name. A notice of the strike-off will then be published in the Official Gazette, officially dissolving the LLP.
Registrar's Satisfaction: The Registrar must be satisfied that the LLP's liabilities have been adequately addressed before proceeding with the strike-off.
Partners' Liability: Even after striking off, partners may still be liable for the LLP's debts.
Restoration: An aggrieved partner or creditor can apply to the Tribunal for restoration of the LLP within five years of the strike-off.
The Ministry of Corporate Affairs (MCA) introduced amendments to the LLP Rules in 2024, streamlining the strike-off process. The Centre for Processing Accelerated Corporate Exit (C-PACE) was designated as an additional authority to handle strike-off applications.