MCA LLP Form 24 - Application for Strike-Off

MCA LLP Form 24 - Application for Strike-Off. LLP Closure process laid down under the Section 75 of the Limited Liability Partnership Act, 2008 and Rule 37 of LLP Rules, 2009. Form 24 is used by an LLP to apply for striking off its name from the Registrar of Companies (RoC)/CPACE now, simplifies the LLP closure process for inactive LLPs in India.
Conditions for LLP Closure

LLP must not be conducting business since incorporation or for the last year.

Must check all partners’ DSC and DIN are active 9DIN KYC to be done at least for one Partner for filing form), and no pending forms/charges exist against the LLP.

ITR Must be filed for one year (NIL)

Bank A/c should be closed

No any pending litigation or statutory liabilities existing

Step by Steps process for LLP Closure by filing Form 24
Step 1: Document Collection
Provide all Documents Required to be filed with LLP Form 24 as follow:-

Certificate of Incorporation or COI

Copy of PAN Card of LLP

Copy of Original LLP Agreement and Form 3

Copy of Self-attested PAN, Aadhaar, photo, email ID, and mobile number of all partners

Copy of Bank account closure certificate or declaration (if no account exists)

DSC of one Designated Partner (DP) and Active DIN

Acknowledgment of the latest ITR filed

Step 2: Drafting Closure Documents

Affidavit (Rs. 200 stamp paper) signed by DPs

Statement of Accounts (NIL assets/liabilities), signed by CA and DPs

Application letter along with Authority Letter for application, signed by all DPs/partners

Additional documents for Form 8/11 filed challan

Partners Resolution for Closure

Any clarification in regard to non filing of annual forms/ITR/Liabilities if any

Step 3: Filing Form 24 online with MCA *(under CPACE)
(a) Upload executed documents with MCA portal through attachment for form 24
(b) Pay government fee:

Rs.500 for Small LLPs (Not working, as MCA By default asking 1000/-)

Rs.1,000 for Other LLPs (Applicable only 1000 these days)

(c) File ITR for NIL (if not filed)
(d) Surrender GST registration (if any) and other registration certificate if any 
Step 4: Approval Process by CPACE

MCA/CPACE  reviews the application (LLP Form 24)

Resubmission queries (if any) will be addressed

Upon approval, LLP status changes to ‘Struck Off’

Points to be taken care of before filing LLP Form 24
(a) No unsatisfied charges or pending forms (other than complaints)
(b) No ongoing inspection, investigation, or disputes
(c) DSCs must be valid and associated with the LLP
(d) Mandatory attachments:

Authority Letter

Acknowledgment of latest ITR

Affidavit from DPs

Form 8 (Statement of Account Solvency)

Form 11 (Annual Return)

Timelines for Closure

Entire process: 25-30 days

Resubmission period: T+30 days (where T = date of query)

Applicable Fee for LLP Closure

LLP Category

Government Fee (Rs.)

Small LLP

500

Other than Small LLP

1,000

How Compliance Calendar LLP Assists in LLP Closure
1. Document Preparation for LLP Closure
We meticulously handle the preparation of all necessary documents required for striking off the LLP under Form 24:
Affidavit Preparation:

Drafting affidavits for each Designated Partner (DP) on Rs.200 stamp paper affirming the LLP's inactivity, NIL assets, and liabilities.

Ensuring it is signed and notarized for submission.

Statement of Accounts Preparation:

Drafting a Statement of Accounts reflecting NIL assets and liabilities, which must not be older than 30 days.

Getting it certified by a Chartered Accountant (CA) and duly signed by all DPs.

Authority Letter:

Drafting an Authority Letter authorizing Compliance Calendar LLP to file the application on behalf of the LLP, signed by all partners.

Optional Documents:

Preparing necessary declarations and resolutions as needed.

Handling additional documentation in case of pending Form 8 or Form 11 compliance issues.

2. Filing of Income Tax Return (ITR) and GST Surrender (if applicable)
Compliance Calendar LLP ensures tax and GST compliance prior to the LLP closure:
ITR Filing:

Filing a NIL ITR (Income Tax Return) if not already filed for the last financial year.

Avoiding penalties by timely ITR filing or addressing penalties (Rs.1,000 in case of non-filing).

GST Surrender:

If the LLP has an active GST registration, we handle the GST cancellation process, ensuring proper filings and compliance with the GST department.

Preparing required forms, declarations, and filings for GST number surrender.

3. Filing Form 24 with MCA CPACE
CCL team handles the entire MCA submission process for Form 24, ensuring compliance and accuracy:
Assisting in Form 24 Filing:
(i) Compiling all mandatory documents into MCA-approved formats (PDF or JPG, each under 2MB).
(ii) Filing Form 24 with the Ministry of Corporate Affairs (MCA) along with the appropriate government fee:

Rs.500 for Small LLPs

Rs.1,000 for Other LLPs

4. Addressing Resubmission Queries after filing form 24
In case the MCA marks the application for resubmission, Compliance Calendar LLP ensures timely resolution:
Error Analysis:

Analyzing the reason for resubmission and identifying gaps or errors in the previous submission.

Rectifying and addressing the issues raised by MCA.

Quick Turnaround:

Resubmitting the corrected documents and Form 24 within the allowed T+30 days period (T = date of marking resubmission required).

Regular follow-up with MCA to avoid delays.

5. Professional Certification and CA Certificates
Compliance Calendar LLP ensures the accuracy and authenticity of all documents through professional certifications:
(a) Professional Certification:

Our team of Chartered Accountants (CAs) and Company Secretaries (CSs) certify the submitted forms as per legal requirements.
Ensuring the accuracy of Statement of Accounts and ITR compliance.

(b) CA Certificate: Providing the required CA-certified Statement of Accounts confirming NIL assets and liabilities, which is mandatory for filing Form 24.
(c) KYC Validation: Validating the partners’ KYC details (DSC, DPIN, PAN, etc.) to ensure compliance with MCA filing requirements.
Therefore,If an LLP is not operational or has remained inactive since its incorporation, it is mandatory to close it through the proper legal process. Keeping a non-functional LLP active can lead to unnecessary compliance burdens, penalties, and MCA Adjudication notices. By striking off the LLP under Form 24 as per the LLP Act, 2008, and LLP Rules, 2009, businesses can save time, resources, and avoid future complications.
Compliance Calendar LLP helps in the LLP closure process by handling all documentation, compliance requirements, and MCA formalities with expertise, allowing you to focus on your next venture without any liabilities.
MCA Help-Kit

LLP Closure process laid down under the Section 75 of the Limited Liability Partnership Act, 2008 and Rule 37 of LLP Rules, 2009. Form 24 is used by an LLP to apply for striking off its name from the Registrar of Companies (RoC)/CPACE now, simplifies the LLP closure process for inactive LLPs in India.

Conditions for LLP Closure

LLP must not be conducting business since incorporation or for the last year.
Must check all partners’ DSC and DIN are active 9DIN KYC to be done at least for one Partner for filing form), and no pending forms/charges exist against the LLP.
ITR Must be filed for one year (NIL)
Bank A/c should be closed
No any pending litigation or statutory liabilities existing

Step by Steps process for LLP Closure by filing Form 24

Step 1: Document Collection

Provide all Documents Required to be filed with LLP Form 24 as follow:-

Certificate of Incorporation or COI
Copy of PAN Card of LLP
Copy of Original LLP Agreement and Form 3
Copy of Self-attested PAN, Aadhaar, photo, email ID, and mobile number of all partners
Copy of Bank account closure certificate or declaration (if no account exists)
DSC of one Designated Partner (DP) and Active DIN
Acknowledgment of the latest ITR filed

Step 2: Drafting Closure Documents

Affidavit (Rs. 200 stamp paper) signed by DPs
Statement of Accounts (NIL assets/liabilities), signed by CA and DPs
Application letter along with Authority Letter for application, signed by all DPs/partners
Additional documents for Form 8/11 filed challan
Partners Resolution for Closure
Any clarification in regard to non filing of annual forms/ITR/Liabilities if any

Step 3: Filing Form 24 online with MCA *(under CPACE)

(a) Upload executed documents with MCA portal through attachment for form 24

(b) Pay government fee:

Rs.500 for Small LLPs (Not working, as MCA By default asking 1000/-)
Rs.1,000 for Other LLPs (Applicable only 1000 these days)

(d) Surrender GST registration (if any) and other registration certificate if any

Step 4: Approval Process by CPACE

MCA/CPACE reviews the application (LLP Form 24)
Resubmission queries (if any) will be addressed
Upon approval, LLP status changes to ‘Struck Off’

Points to be taken care of before filing LLP Form 24

(a) No unsatisfied charges or pending forms (other than complaints)

(b) No ongoing inspection, investigation, or disputes

(d) Mandatory attachments:

Authority Letter
Acknowledgment of latest ITR
Affidavit from DPs
Form 8 (Statement of Account Solvency)
Form 11 (Annual Return)

Timelines for Closure

Entire process: 25-30 days
Resubmission period: T+30 days (where T = date of query)

Applicable Fee for LLP Closure

LLP Category	Government Fee (Rs.)
Small LLP	500
Other than Small LLP	1,000

How Compliance Calendar LLP Assists in LLP Closure

1. Document Preparation for LLP Closure

We meticulously handle the preparation of all necessary documents required for striking off the LLP under Form 24:

Affidavit Preparation:

Drafting affidavits for each Designated Partner (DP) on Rs.200 stamp paper affirming the LLP's inactivity, NIL assets, and liabilities.
Ensuring it is signed and notarized for submission.

Statement of Accounts Preparation:

Drafting a Statement of Accounts reflecting NIL assets and liabilities, which must not be older than 30 days.
Getting it certified by a Chartered Accountant (CA) and duly signed by all DPs.

Authority Letter:

Drafting an Authority Letter authorizing Compliance Calendar LLP to file the application on behalf of the LLP, signed by all partners.

Optional Documents:

Preparing necessary declarations and resolutions as needed.
Handling additional documentation in case of pending Form 8 or Form 11 compliance issues.

2. Filing of Income Tax Return (ITR) and GST Surrender (if applicable)

Compliance Calendar LLP ensures tax and GST compliance prior to the LLP closure:

ITR Filing:

Filing a NIL ITR (Income Tax Return) if not already filed for the last financial year.
Avoiding penalties by timely ITR filing or addressing penalties (Rs.1,000 in case of non-filing).

GST Surrender:

If the LLP has an active GST registration, we handle the GST cancellation process, ensuring proper filings and compliance with the GST department.
Preparing required forms, declarations, and filings for GST number surrender.

3. Filing Form 24 with MCA CPACE

CCL team handles the entire MCA submission process for Form 24, ensuring compliance and accuracy:

Assisting in Form 24 Filing:

(i) Compiling all mandatory documents into MCA-approved formats (PDF or JPG, each under 2MB).

(ii) Filing Form 24 with the Ministry of Corporate Affairs (MCA) along with the appropriate government fee:

Rs.500 for Small LLPs
Rs.1,000 for Other LLPs

4. Addressing Resubmission Queries after filing form 24

In case the MCA marks the application for resubmission, Compliance Calendar LLP ensures timely resolution:

Error Analysis:

Analyzing the reason for resubmission and identifying gaps or errors in the previous submission.
Rectifying and addressing the issues raised by MCA.

Quick Turnaround:

Resubmitting the corrected documents and Form 24 within the allowed T+30 days period (T = date of marking resubmission required).
Regular follow-up with MCA to avoid delays.

5. Professional Certification and CA Certificates

Compliance Calendar LLP ensures the accuracy and authenticity of all documents through professional certifications:

(a) Professional Certification:

Our team of Chartered Accountants (CAs) and Company Secretaries (CSs) certify the submitted forms as per legal requirements.
Ensuring the accuracy of Statement of Accounts and ITR compliance.

(b) CA Certificate: Providing the required CA-certified Statement of Accounts confirming NIL assets and liabilities, which is mandatory for filing Form 24.

(c) KYC Validation: Validating the partners’ KYC details (DSC, DPIN, PAN, etc.) to ensure compliance with MCA filing requirements.

Therefore,If an LLP is not operational or has remained inactive since its incorporation, it is mandatory to close it through the proper legal process. Keeping a non-functional LLP active can lead to unnecessary compliance burdens, penalties, and MCA Adjudication notices. By striking off the LLP under Form 24 as per the LLP Act, 2008, and LLP Rules, 2009, businesses can save time, resources, and avoid future complications.

Compliance Calendar LLP helps in the LLP closure process by handling all documentation, compliance requirements, and MCA formalities with expertise, allowing you to focus on your next venture without any liabilities.