2. JUSTIFICACIÓN
7.1 ANALISIS DEL ESTADO ACTUAL DEL PROCESO
7.1.4 ANALISIS ESTADO INICIAL DEL PROCESO DE
300. Inspection of file. – (1) Every duly authorized officer of the Central Government and save as otherwise provided by the rules, every person who has been a partner or creditor of a LLP which is being wound up, shall be entitled, on payment of charges specified in Annexure, at all reasonable times to inspect the file of proceeding of the liquidation and to take copies of extracts from any document therein, and, on payment of prescribed charges, to be furnished with such copies or extracts.
(2) Save as otherwise provided in the rules, every partner and every creditor whose claim proof has been admitted, shall be entitled, on payment of the specified charges, at all reasonable time to inspect the file of proceedings and to be furnished with copies and extracts from any document therein.
301. Appeal from Order of Tribunal to National Company Law Appellate Tribunal
Any aggrieved person may prefer an appeal against the order or decision of the Tribunal to the National Company Law Appellate Tribunal within a period of forty-five days from the date on which the copy of the order is delivered in such manner as may be provided by that Appellate Tribunal.
No. 1 [See rule 5]
1. LLPIN
2. Name of the Limited Liability Partnership
3. Full address of the registered office of the Limited Liability Partnership Line 1
Line 2
City District
State PIN Code
Country
4. Date of Passing resolution 5. Number of Partners
6. Three-fourths majority of partners consented for voluntary winding up -Yes List of attachments (1) Copy of the resolution.
(2) Copy of the Authority (3) Optional attachment.
Verification
To the best of our knowledge and belief, the information given in this form and its attachments is correct and complete.
I have gone through the provisions of the Limited Liability Partnership Act, 2008, and the rules framed there under.
I have been authorized to sign and submit this application. To be digitally signed by designated partner
DPIN
Dated:__________ Place: __________
Form no. 2 [See rules 7 and 276] Voluntary Winding-up
Declaration of solvency, embodying a statement of assets and liabilities and valuation report
Name of LLP:………. LLPIN:………. Presented by:……….
Declaration of Solvency
We, ………..all the / majority of the
designated partners of………….do solemnly affirm and declare that we have made a full enquiry into the affairs of this LLP, and that having done so, we have formed the opinion that this LLP has no debts/ will be able to pay its debts in full from the proceeds of assets sold in voluntary winding up, within a period of’….months from the commencement of the winding- up, and we append a statement of the LLP’s assets and liabilities as at……….., being the latest practicable date before the making of this declaration. And we make this solemn declaration believing the same to be true.
Solemnly affirmed and declared at…………..the……..day of……..20….., before me.
Signatures
Commissioner for Oaths or Notary Public.
Statement as at……….20…., showing assets at book value and as per valuer report and liabilities.
A. Assets Book value Value as per valuation report 1. Balance at Bank
2. Cash in hand 3. Investments
4. Debtors/Trade receivable 5. Loans & Advances 6. Inventories
7. Freehold Property 8. Leasehold Property 9. Plant & Machinery 10. Furniture, fittings etc.
11. Intangible Assets
12. Other Assets (to specify)
13. Outstanding contribution of the partners B. Liabilities
Total______________ ______________ 1. Secured creditors (secured on specific assets)
including workmen dues. 2. Cost of liquidation 3. Preferential Creditors
4. Creditors secured by floating charge on the assets 5. Unsecured creditors
6. Contingent liabilities
Total______________ ______________ Total value of the assets ( as per valuers report) Rs………
Total liabilities Rs………
Estimated surplus after paying debts in ful Rs………
C. Remarks
Signature
Form No. 3
[See clause (a) of sub-rule (2) of rule 7]
1. LLPIN
2. Name of the Limited Liability Partnership
3. Full address of the registered office of the Limited Liability Partnership Line 1
Line 2
City District
State PIN Code
Country
4. Date of Passing resolution
5. Date of declaration made on
6. Declaration and statement in Form 2 and 4 and valuer report are attached -Yes
List of attachments (1) Copy of the declaration ,
statement& valuation report. (2) Copy of the Authority (3) Optional attachment.
Verification
To the best of our knowledge and belief, the information given in this form and its attachments is correct and complete.
I have gone through the provisions of the Limited Liability Partnership Act, 2008, the rules framed there under.
I have been authorized to sign and submit this application. To be digitally signed by designated
partner
DPIN
Dated:__________ Place: __________
Form No 4
(See clause (c) of sub rule (2) of rule 7 and rule 277) Name of LLP:………
LLPIN:……….
Statement of Assets and Liabilities as at_________
(In Rupees_______)
Particulars Figures as at the end
of
Figures as at the end of the last reporting period as on…..
1 2 3
I. CONTRIBUTION AND LIABILITIES
(1) Partners’ funds
(a) Contribution
(b) Reserves and Surplus (Surplus being the profit/loss made during the year)
(2) Liabilities
(a) Secured Loans (b) Unsecured Loans (c) Short term borrowings (d) Creditors/Trade Payables
- Advance from customers (e) other liabilities (to specify) (f) Provisions
(i) for taxation (ii) for contingencies (iii) for insurance
(iv) other provisions (if any)
TOTAL
II ASSETS
(a) Fixed Assets (b) Investments
(c) Loans and Advances (d) Inventories
(e) Debtors/Trade Receivables (f) Cash and Cash equivalents (g) other assets (to specify)
TOTAL
Notes: (a) Contingent liabilities not provided for.
Signatures Dated…….
Form No.5
[See sub-rule (4) of rule 8]
1. LLPIN
2. Name of the Limited Liability Partnership
3. Full address of the registered office of the Limited Liability Partnership Line 1
Line 2
City District
State PIN Code
Country
4. SRN of delivering of the Declaration of solvency by Designated Partner to the Registrar
5. Date of meeting of partners at which resolution for voluntary winding up was passed
6. Date of forwarding copy of the declaration etc to the creditors
7. Date of consent of creditors
8. Two third in value of Creditors of the LLP consented— Yes
List of attachments (1) Copy of the
consent. (2) Copy of the
Authority (3) Optional attachment.
Verification
To the best of my knowledge and belief, the information given in the form is correct and complete.
I have gone through the provisions of the Limited Liability Partnership Act, 2008, and the rules framed there under.
Copy of the consent is attached.
I have been authorized to sign and submit this application.
To be digitally signed by designated partner
DPIN
Dated:
Form No. 6
[See sub-rule (8) of rule 10 & sub-rule (7) of rule 29] *[Heading as in form no 16]
*LLP Petition No…………. of 20……
1. LLPIN
2. Name of the Limited Liability Partnership 3. Name of LLP Liquidator or Liquidator. 4. Address of LLP Liquidator or Liquidator
5. In pursuance of rule 10(6)/29(7 ) of the rules I hereby declare that there is no conflict of interest and not lack of independence in respect of my appointment
Verification
To the best of my knowledge and belief, the information given in the form is correct and complete.
I have gone through the provisions of the Limited Liability Partnership Act, 2008, the rules framed there under.
Signature……… Name ………
Capacity………..(LLP Liquidator or Liquidator) Place___________
Date___________
Form No.7 [See rules 12 and 278]
1. LLPIN
2. Name of the Limited Liability Partnership
3. Address of the Registered Office of the Limited Liability Partnership Line 1
Line 2
City District
State PIN Code
Country
4. Purpose of form
Appointment of LLP Liquidator
Cessation of LLP Liquidator
Part A – In case of appointment of LLP Liquidator
5. (a) Date of appointment of LLP Liquidator by partners
(DD/MM/YYYY) (b) Name of the LLP Liquidator so
appointed
(c) Majority of the partners of LLP consented:- Yes
6. In case the LLP has creditors, creditors consented under clause (b) or (c) of sub-rule (3) of rule 7, Date of approval by two third majority of the creditors in value of LLP
7. (a) In case, creditors do not approve of LLP Liquidator appointed by partners, date of appointment of another LLP Liquidator.
(b) Name of the LLP Liquidator so appointed
(DD/MM/YYYY) 8. (a) Date of appointment of LLP Liquidator by the
Tribunal
(b) Name of the LLP Liquidator so appointed
(DD/MM/YYYY) 9. Name of LLP Liquidator Appointed as voluntary
liquidator
10. Address of the LLP Liquidator Line 1
Line 2
City District
State PIN Code
Country
Part ‘B’ In case of change(s) of LLP Liquidator
11. In case of removal
(a) Date of notice of Liquidator stating grounds of removal
(DD/MM/YYYY) (b) Reasons for removal
(c) Date of passing of resolution deciding the removal of Liquidator by three-fourth in value by partners/creditors
(d) Date of removal by the Tribunal.
(DD/MM/YYYY) 12. In case of any other change
(a) Date of change
(DD/MM/YYYY) (b) Nature of change
List of attachments (1) Copy of the resolution of
the partners/creditors/ order of the Tribunal. (2) Copy of the Authority (3) Optional attachment.
Verification
To the best of my knowledge and belief, the information given in the form is correct and complete.
I have gone through the provisions of the Limited Liability Partnership Act, 2008, the rules framed there under.
To be digitally signed by designated partner
DPIN
Place______________ Date___________
Form no 8 [See rules 17 and 290] Voluntary Winding-up
Quarterly progress report
I. Preliminary
(1) Name of LLP ______________________ (2) LLPIN
(3) Date of Commencement of winding up
______________________
(4) Name and address of the LLP
Liquidator______________________
(5) Period of the Report______________________
II. Asset management
(1) Date of taking the custody of property, assets and books of accounts. (2) Date of valuation of the property.
(3) Value of the property as per the valuation report. (4) Date of advertisement inviting bids.
(5) Date of sale of property, assets etc. (6) Sale amount.
III. Settlement of creditors
(1) Date of inviting claims.
(2) Date of adjudication of claims.
IV. Declaration of distributable sum
(1) Date of declaration.
(2) Rate of distributable sum. (3) Date of distribution
V. Cost of voluntary winding up
(item wise details)
VI. Dues from partners
(1) Amount of outstanding contribution. (2) Any other dues, (3) Amount realized.
VII. Settlement of list of partners and distribution
(1) Date of settlement of list. (2) Rate of return. (3) Date of distribution.
VIII. Professionals and experts appointment
(2) Purpose of appointment (3) Amount of fee
IX. Investigation into the affairs of LLP
Date of submission of report to Tribunal.
X. Legal proceedings instituted, concluded or pending for and against LLP
XI. Expected date of submission of report for dissolution/ causes for delay
XII. Receipts and payments.
Receipts Rupees Payments Rupees
XIII. Remarks :-
[Sd] LLP Liquidator
FORM NO. 9