Revival of Struck Off LLP - Restore Your LLP Status

When the ROC strikes off an LLP under Section 354 of the LLP Act, 2008, the LLP's name is removed from the register of LLPs. The LLP ceases to exist as a legal entity - it cannot enter contracts, own property, operate bank accounts, or sue or be sued. Assets held in the LLP's name may be frozen.

Yes. Under Section 354 of the LLP Act, 2008, a struck-off LLP can be revived either by the LLP partners applying to the ROC within 3 years of the strike-off, or by applying to the NCLT (Tribunal) for an order directing the ROC to revive the LLP.

The LLP partners can apply directly to the ROC within 3 years of the strike-off order. Beyond 3 years, you must file a petition with the NCLT seeking revival and condonation of delay. The Tribunal has the discretion to allow revival even after 3 years if it deems fit.

File a revival petition with the NCLT under Section 354 of the LLP Act, 2008 (Form NCLT-1). Include affidavits from all partners, the LLP agreement, strike-off order copy, and pending annual returns. After NCLT orders revival, file the order with ROC along with all pending compliance filings. ROC restores the LLP to the register.

Upon revival, all assets held in the LLP's name are unfrozen and become accessible again. Bank accounts frozen at the time of strike-off are restored. Properties, investments, and receivables are reinstated. The revival order operates as if the LLP was never struck off - all rights and obligations are reinstated.

Yes, but you need NCLT approval for condonation of delay. File a petition with the NCLT explaining the reasons for the delay and requesting the Tribunal to condone it. If the Tribunal is satisfied that the delay was not intentional and revival is in the interest of justice, it may pass an order allowing revival.

Strike-off (Section 354) is when the ROC removes the LLP from the register, typically for non-compliance. It can be reversed through revival. Dissolution (Section 64) is a voluntary winding-up where the LLP settles all debts, distributes remaining assets, and is formally closed. Dissolution cannot be reversed - you would need to register a new LLP.

Outstanding penalties and filing fees must typically be paid before the ROC will process the revival. We help calculate all pending dues, file the necessary applications for penalty reduction or waiver where applicable, and ensure all payments are made before the revival application.

Copy of the ROC strike-off order or Gazette notification, LLP agreement, proof of LLPIN, list of partners with DPINs, PAN cards of LLP and partners, address proof, latest balance sheet and P&L, statement of accounts and solvency, affidavits from all partners, and NCLT petition (Form NCLT-1) with supporting documents.

The total process takes 30-90 days: 3-5 days for document preparation, 15-45 days for NCLT hearing and order (varies by bench), and 10-20 days for ROC registration. If condonation of delay is needed (beyond 3 years), add 15-30 days.

Form NCLT-1 is the application form used to file a petition before the National Company Law Tribunal. For LLP revival under Section 354, the petition is filed in the format prescribed by NCLT along with supporting affidavits and documents. Our team prepares this form based on your LLP's specific circumstances.

Yes, all designated partners can jointly apply for revival. Alternatively, any partner, creditor, or person aggrieved by the strike-off can apply. If some partners are not traceable, the remaining partners can apply by filing a substitute affidavit explaining the situation.

If the ROC has already disposed of the LLP's assets (e.g., sold them at auction), revival still restores the LLP's legal status but recovering the disposed assets is more complex. The ROC is required to hold the sale proceeds and may return them upon revival. We can file a separate claim for asset recovery.

Yes. Upon revival, the LLP's PAN, TAN, GSTIN, and other registrations can be restored by filing an application with the respective authorities (Income Tax Department, GST Portal). We coordinate with these authorities as part of our post-revival support.

ROC can strike off an LLP under Section 354 if: (a) the LLP has not commenced business within one year of incorporation, (b) the LLP is not carrying on business for two or more preceding years, (c) the LLP has failed to file annual returns or statements of accounts and solvency for five consecutive years, or (d) the LLP itself requests strike-off via Form 24.

Yes. If you receive Form LLP-25 (notice of intention to strike off) from ROC, respond within 30 days by filing the required annual returns and paying outstanding fees. If the ROC has not yet passed the final strike-off order, you can also file a representation directly with the ROC. Acting early is critical.