Corporate Restructuring, Valuation and Insolvency · Strike Off and Restoration of Name of the Company and LLP

Strike Off and Restoration of an LLP's Name

Updated 11 October 2026 · Fact-checked

Strike off removes a defunct LLP's name from the register of LLPs. Under section 75 of the LLP Act, 2008, the Registrar may do this when he has reasonable cause to believe the LLP is not carrying on business, after giving it a reasonable hearing. Restoration is sought from the Tribunal, on the grounds set by the LLP law.

Understand Strike Off and Restoration for Limited Liability Partnerships

A Limited Liability Partnership (LLP) is a separate legal entity. Like a company, it can become defunct. It may stop trading, stop filing returns, or have no real partners running it. A defunct LLP clutters the register. So the law lets the Registrar clean it up.

Section 75 of the LLP Act, 2008 gives the Registrar this power. The trigger is reasonable cause to believe that the LLP is not carrying on business or its operation in accordance with the Act. The name may then be struck off the register of LLPs in the manner prescribed.

The key safeguard is the proviso. Before striking off, the Registrar must give the LLP a reasonable opportunity of being heard. A strike off without this hearing is open to challenge.

The procedure, forms and timelines (including Form 24 for a voluntary application) sit in the LLP Rules, not in section 75. The Act text supplied to you states only the power, the belief test and the hearing. For the exact notice periods, documents and fees, rely on the Rules in your study material.

Restoration is the reverse step. An aggrieved person approaches the Tribunal (NCLT), which can order the name restored if the strike off was not justified. Compare this with a company, where section 248 sets a detailed notice-and-gazette process and section 252 sets time limits of three years (appeal) and twenty years (member, creditor, workman). Do not carry those company limits over to an LLP unless the LLP Act or Rules say so.

Key rules to remember

Registrar's power to strike off an LLP: Reasonable cause to believe LLP is not carrying on business or operation → name may be struck off the register of LLPs; Section 75, LLP Act, 2008. The manner is prescribed by the LLP Rules.
Mandatory safeguard: No strike off without giving the LLP a reasonable opportunity of being heard; Proviso to section 75. Always mention it in your answer.
Who acts: Strike off: Registrar. Restoration: Tribunal (NCLT); Restoration is by application to the Tribunal, not to the Registrar.
Contrast with company: section 248: Company: notice to company and all directors; 30 days for representations; Gazette notice; company stands dissolved on publication; Use only as a comparison. Do not apply these steps to an LLP unless the LLP Rules provide them.
Contrast with company: section 252: Appeal against a section 248 dissolution within 3 years; application by company, member, creditor or workman within 20 years of the Gazette notice; Company provisions only. The LLP restoration timeline comes from the LLP Act and Rules.

How to solve Strike Off and Restoration for Limited Liability Partnerships questions

Use this order for any case-based question on LLP strike off or restoration. Write provision, facts, conclusion.

1Identify the entity. Confirm it is an LLP, so the LLP Act, 2008 and LLP Rules apply, not sections 248 and 252 of the Companies Act.
2State the rule: under section 75 the Registrar may strike off the name if he has reasonable cause to believe the LLP is not carrying on business or operation.
3Test the facts. Is there evidence of no business, no operation or long non-filing? Note whether the facts show a belief the Registrar could reasonably form.
4Check the safeguard. Was the LLP given a reasonable opportunity of being heard before the name was struck off?
5Decide the route. If the LLP itself wants to exit, it applies voluntarily (Form 24 under the Rules). If the Registrar acted on his own, check the hearing.
6If restoration is asked, name the forum: the Tribunal. Say who may apply and that the Tribunal can restore if the strike off was not justified.
7Conclude clearly: valid or invalid strike off, and whether restoration is available. Add a practical compliance point, such as filing the Tribunal order with the Registrar.

Quickest way: Three-line answer for LLP strike off

When to use it: Use for short-note questions or when time is under five minutes.

Line 1: Section 75, LLP Act, 2008 - Registrar may strike off an LLP he reasonably believes is not carrying on business or operation.
Line 2: Proviso - reasonable opportunity of being heard must be given first; procedure is as prescribed in the LLP Rules.
Line 3: Restoration - application to the Tribunal; add one line comparing with company sections 248 and 252.

Common mistakes in Strike Off and Restoration for Limited Liability Partnerships

Applying section 248 and section 252 of the Companies Act to an LLP.
The two topics sit in the same chapter and look alike.
Fix: Anchor LLP answers to section 75 of the LLP Act and the LLP Rules. Use the company sections only for contrast.
Forgetting the hearing requirement.
Students remember the power but not the proviso.
Fix: Always write that the LLP must get a reasonable opportunity of being heard before strike off.
Quoting company time limits (3 years, 20 years, 30 days) for LLPs.
Those numbers are well known from the company provisions.
Fix: Quote them only when comparing. For LLPs, say the procedure and timelines are as prescribed in the Rules.
Saying the Registrar restores the name.
The Registrar does the strike off, so students assume he reverses it.
Fix: Restoration is by the Tribunal on application by an aggrieved person.
Stating a ground such as 'LLP has not filed returns' as the section 75 test.
Students mix practice with the statutory words.
Fix: Use the statutory test: reasonable cause to believe the LLP is not carrying on business or its operation. Non-filing can be evidence of this.

Worked examples

Example 1

Sunrise Traders LLP, Pune, has done no business for three years. The Registrar struck off its name under section 75 without any notice. The partners say the LLP was about to start a new project. Advise on validity and remedy.

Show the solution

Provision: section 75 of the LLP Act, 2008 lets the Registrar strike off an LLP's name if he has reasonable cause to believe it is not carrying on business or operation.
Facts: the LLP has been inactive for three years, so the Registrar may have had reasonable cause to believe it was defunct.
Safeguard: the proviso requires that the LLP be given a reasonable opportunity of being heard before strike off. No notice was given.
Conclusion on validity: the strike off breaches the proviso and is open to challenge.
Remedy: the partners can apply to the Tribunal for restoration, showing the strike off was not justified and the LLP intends to operate.
Compliance: once the Tribunal orders restoration, file the order with the Registrar as the Rules require, and bring filings up to date.

Answer: The ground for action existed, but the strike off is defective for want of a hearing. The partners should apply to the Tribunal for restoration.

Example 2

Distinguish the strike off of a company under section 248 of the Companies Act, 2013 from the strike off of an LLP under section 75 of the LLP Act, 2008.

Show the solution

Source: companies - section 248 of the Companies Act; LLPs - section 75 of the LLP Act.
Grounds: section 248(1) lists specific grounds, such as no commencement within one year, no business for two preceding financial years without applying for dormant status, unpaid subscription, or no operations found on physical verification. Section 75 uses one general test: reasonable cause to believe the LLP is not carrying on business or operation.
Notice: for a company, a notice goes to the company and all directors, with 30 days for representations, and is published in the Official Gazette. For an LLP, section 75 requires a reasonable opportunity of being heard, with details in the Rules.
Effect: a company stands dissolved on Gazette publication of the strike off notice (section 248(5)). Liability of directors, officers and members continues (section 248(7)).
Restoration: for a company, section 252 gives a Tribunal route with a 3-year appeal and a 20-year application window. For an LLP, restoration is through the Tribunal on the terms of the LLP law.

Answer: Company strike off is a detailed, ground-by-ground, Gazette-based process under section 248. LLP strike off under section 75 rests on one general test and a hearing, with procedure in the LLP Rules. Both can be reversed through the Tribunal.

Exam tips

Open with the section number and the exact statutory test, then apply the facts.
Always mention the hearing requirement. Examiners look for it.
When asked to distinguish company and LLP, use a clear point-by-point list: source, grounds, notice, effect, restoration.
Do not invent LLP time limits. If unsure, say the procedure is as prescribed in the LLP Rules.
End with a practical step, such as filing the Tribunal order with the Registrar after restoration.

Practice questions from Strike Off and Restoration of Name of the Company and LLP

Strike Off and Restoration for Limited Liability Partnerships in other exams

The same ground in other exams, if you are preparing for more than one or want another angle on it.

CS ExecutiveLimited Liability Partnership (LLP) Basics

Strike Off and Restoration for Limited Liability Partnerships: frequently asked questions

Which section lets the Registrar strike off an LLP?

Section 75 of the LLP Act, 2008. The Registrar needs reasonable cause to believe the LLP is not carrying on business or its operation. He must first give the LLP a reasonable opportunity of being heard.

What is Form 24 in LLP strike off?

Form 24 is the form used under the LLP Rules when an LLP applies for voluntary removal of its name. Check the current Rules in your study material for the attachments and procedure.

Who restores the name of a struck-off LLP?

The Tribunal (NCLT). An aggrieved person applies, and the Tribunal may order restoration if the strike off was not justified. The Registrar does not restore the name on his own.

Do sections 248 and 252 apply to an LLP?

No. They are company provisions. The LLP is governed by section 75 of the LLP Act, 2008 and the LLP Rules. Use the company sections only to compare.