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Winding Up of LLP

Winding Up of a Limited Liability Partnership (LLP) refers to the process of legally closing down the business, settling its liabilities, and distributing its assets among partners. This ensures that the LLP is officially dissolved and removed from the Ministry of Corporate Affairs (MCA) records.

📌 Regulatory Authority: Ministry of Corporate Affairs (MCA)
📌 Applicable To: LLPs registered under the Limited Liability Partnership Act, 2008

Importance of Winding Up an LLP

Prevents Legal Liabilities – Ensures the LLP does not accrue penalties for non-compliance
Clears Financial Obligations – Helps in settling debts, liabilities, and dues legally
Protects Partners from Future Claims – Safeguards the partners from future legal or tax disputes
Avoids Mandatory Compliance Costs – Eliminates the need to file annual returns or maintain records
Ensures Proper Asset Distribution – Ensures that assets are fairly distributed among partners

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Types of LLP Winding Up

1️⃣ Voluntary Winding Up – Initiated by partners when the LLP is no longer in operation
2️⃣ Compulsory Winding Up – Ordered by the National Company Law Tribunal (NCLT) due to non-compliance, fraud, or insolvency

Documents Required for LLP Winding Up

📌 Resolution for Winding Up – Signed by at least 75% of partners
📌 Affidavit & Indemnity Bond – Stating there are no outstanding liabilities
📌 Declaration of Solvency (LLP Form 24) – Confirming the LLP can settle its debts
📌 Statement of Assets & Liabilities – Audited financials till the winding-up date
📌 Consent of Creditors – Confirmation from creditors regarding outstanding dues
📌 Final Closure Report – Filing of LLP Form 24 and approval from the Registrar of Companies (ROC)

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