Limited Liability Partnership Agreement (Agreement) is a written agreement between partners of the Limited Liability Partnership (LLP) which determines the mutual rights and duties of the partners and to that LLP.
Purpose of Form-3: It is filed for
1. Information with regarding Agreement; and
2. Information with regarding changes in Agreement.
The Form must be filed within 30 days from the date of incorporation of LLP or within 30 days from the date of amendment of the agreement.
The Agreement is modified when there is a change in Business Activities/Partners /Contribution or other terms and conditions like duties/rights of partners.
Purpose of Form-4
Every appointment, cessation, and change in name/address/designation of a Designated Partner or Partner is filed in Form-4.
Form-3 and Form-4 shall be filed as linked forms when there is any appointment/cessation of Designated Partner or Partner.
Only Form-4 shall be filed when there is a change in designation or change in nominee of Designated Partner or Partner.
A Small LLP is any LLP:
1. Whose contribution is less than Rs. 25,00,000 (25 Lakhs) or other higher amount (not exceeding Rs. 5,00,00,000 (5 Crores) that may be prescribed; and
2. Whose turnover for the preceding financial year does not exceed Rs. 40,00,000 (40 Lakhs) or other higher amount (not exceeding Rs. 50,00,00,000 (50 crores)) that may be prescribed; or
3. Which meets such other requirements as prescribed from time to time.
As per the amendment notification published on 11th February, 2022 (GSR 109(E)) and which is effective from 1st April, 2022, the following fees shall be levied:
Normal Fee for Form 3
S.No. | Contribution Amount(INR) | Normal Fee applicable (INR) |
1 | Up to 1, 00, 000 | Rs. 50/- |
2 | More than 1,00,000 up to 5,00,000 | Rs. 100/- |
3 | More than 5,00,000 up to 10,00,000 | Rs. 150/- |
4 | More than 10,00,000 up to 25,00,000 | Rs. 200/- |
5 | More than 25,00,000 Up to 1,00,00,000 | Rs. 400/- |
6 | More than 1,00,00,000 | Rs. 600/- |
Normal Fee for Form 4
S.No. | Small LLPs/Other than Small LLPs | Fee applicable (INR) |
1 | Small LLP’s | Rs. 50/- |
2 | For Other than Small LLPs | Rs. 150/- |
Additional fees for delay in filing of forms
S.No. | Period of delays | Small LLPs | Other than Small LLPs |
1 | Upto 15 days | One time | One time |
2 | More than 15 days and upto 30 days | 2 times of normal filing fees | 4 times of normal filing fees |
3 | More than 30 days and upto 60 days | 4 times of normal filing fees | 8 times of normal filing fees |
4 | More than 60 days and upto 90 days | 6 times of normal filing fees | 12 times of normal filing fees |
5 | More than 90 days and upto 180 days | 10 times of normal filing fees | 20 times of normal filing fees |
6 | More than 180 days and upto 360 days | 15 times of normal filing fees
|
30 times of normal filing fees |
Author: Shreya Ladda
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