LLP Strike off query

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Isha Riwal

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Sep 27, 2023, 9:43:58 AM9/27/23
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Can a LLP apply for strike off without filing LLP form 3 of initial agreement.  



Sourabh Kansal

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Sep 27, 2023, 9:51:24 AM9/27/23
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No, we got resubmission regarding this only

On Wed, Sep 27, 2023, 19:13 Isha Riwal <isha...@gmail.com> wrote:
Can a LLP apply for strike off without filing LLP form 3 of initial agreement.  



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Isha Riwal

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Sep 27, 2023, 9:54:49 AM9/27/23
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So, they ask to file the same ? 

I mean without filing the same we cannot go for strike off. 

In our case since incorporation LLP has not carried out any business. 

ranjan kathrotiya

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Sep 27, 2023, 9:56:39 AM9/27/23
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Without filing of form 3 for initial agreement, u even not able to proceed further for stk 2, error msg getting display first file form 3

On Wed, Sep 27, 2023, 7:13 PM Isha Riwal <isha...@gmail.com> wrote:
Can a LLP apply for strike off without filing LLP form 3 of initial agreement.  



Yashika Gulati

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Sep 27, 2023, 9:57:24 AM9/27/23
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Doesn't matter whether company is conducting any business or not it is mandatory to complete the filings before going for striking off.



Isha Riwal

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Sep 27, 2023, 10:11:27 AM9/27/23
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Further any idea how to check if LLP Form 3 has been filed or not because it is not available in records so our understanding is that it was not filed. 


Ashish Gupta

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Sep 27, 2023, 1:48:08 PM9/27/23
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try to prepare dummy LLP form 24 for filing for Strike Off. If system allows, u can proceed further with original docs and file
can appear before RoC and explain the same.
If system allows, they will allow to file

further, there is a waiver scheme going on for Form 3 and 4 due since April 2021. If your LLP falls in this period, can take benefit of the same

 
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Pankaj Khandelwal

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Sep 28, 2023, 1:22:59 AM9/28/23
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You may refer rule rule 37(1A) which was inserted bythe Limited Liability Partnership (Amendment) Rules, 2017, w.e.f. 20-5-2017
 
It provides for furnishing in form 24 "copy of the initial limited liability partnership agreement, if entered into and not filed, along with changes thereof in cases where the Limited Liability Partnership has not commenced business or commercial operations since its incorporation."

This amendment also provides for annual filing only "up to the end of the financial year in which the limited liability partnership ceased to carry on its business or commercial operations before filing Form 24"

Please feel free for any further discussion on this.

Isha Riwal

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Oct 30, 2023, 1:28:34 AM10/30/23
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Thank you for your responses. 


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