Striking Off
of LLP —
Form 24

Technically, the LLP Rules do not explicitly require GST clearance as a condition for Form 24 — the form focuses on MCA filings (Form 8, Form 11) and a nil balance sheet. However, in practice, the Registrar often expects income tax compliance as well, and GST authorities may raise issues if outstanding GSTR returns exist. TaxClue strongly recommends: (i) filing all pending GSTR returns and clearing any GST dues; (ii) applying for GST registration cancellation; (iii) obtaining the GST cancellation order before filing Form 24. This prevents any post-closure complications with GST notices being sent to the dissolved LLP's registered address.

No — Form 24 requires the consent of all partners, not just the Designated Partners. If any one partner objects to the strike off, Form 24 cannot be filed. The consenting partners have a few options: (i) buy out the non-consenting partner's share and have them resign via Form 4, after which all remaining partners consent; (ii) attempt to resolve the disagreement through the dispute resolution provisions of the LLP Agreement; (iii) if no resolution is possible, the LLP may need to pursue a court-supervised dissolution under Section 64 of the LLP Act rather than the voluntary strike off route. TaxClue can advise on the specific situation during consultation.

The statutory process involves: (1) Registrar review of Form 24 application — typically 4–8 weeks; (2) Registrar issues a notice to the LLP and publishes in the Official Gazette with a 30-day objection window; (3) if no valid objection, the Registrar publishes the final strike-off notice in the Gazette. Total timeline is typically 3–6 months from the date of Form 24 filing. MCA processing times vary — during peak periods (especially after compliance amnesty windows) it may take longer. TaxClue tracks the application status on MCA and follows up with the Registrar if processing exceeds normal timelines.

Yes — under Section 75(3) of the LLP Act, a struck-off LLP can be restored to the register. An application can be made by any partner, creditor, or other interested person to the NCLT (National Company Law Tribunal) within 20 years of the strike off. Restoration may be sought if: (i) a creditor surfaces with an unpaid claim after dissolution; (ii) an asset or intellectual property belonging to the LLP is discovered after it was struck off; (iii) litigation arises involving the LLP's past activities; or (iv) the partners realise the LLP was struck off inadvertently and they still need it. Restoration is expensive and complex. TaxClue ensures all obligations are properly settled before filing Form 24 to eliminate any restoration risk.

The bank account and GST registration are separate registrations that do not automatically close when the LLP is struck off on MCA. They must be actively closed: (i) Bank account — the partners must approach the bank with the Gazette notification of strike off and request account closure. Any remaining balance should be distributed among partners before closure; (ii) GST registration — a formal GST cancellation application must be filed on the GST portal before or after Form 24 is filed. Final GST returns must be filed and any ITC balance reversed. TaxClue provides a complete post-closure action list covering bank, GST, PAN, MSME, IEC, and any other registrations the LLP held.

No — striking off via Form 24 is not the same as winding up and does not require a court order. Striking off is an administrative dissolution — the Registrar removes the LLP's name from the register after verifying eligibility. Winding up is a judicial or quasi-judicial process involving a liquidator, creditor settlement, and often NCLT involvement. For the vast majority of dormant or inactive LLPs with no assets and no creditors, Form 24 strike off is the appropriate, faster, and cheaper alternative that requires no court involvement. The only time winding up is necessary is when the LLP has assets to distribute, creditors to settle, or pending legal proceedings that must be resolved first.