In this editorial author discusses due date of filling of LLP-8 with Registrar of Companies for financial year 2019-20 along with date of signing of Financial Statement of LLP-8.
Lots of professionals has asked us about extension in filing of e-form LLP-8 for f.y. 2019-20.
Provisions of Law:
As per Section 34 read with rule 24(4) of LLP Act:
- Every LLP shall, within a period of sic months from the end of each financial year, prepare a Statement of Account and Solvency for the said financial year. Therefore, generally due date of signing of financial statement of LLP is 30th september
- LLp shall within a period of 30 days from the end of six months of the financial year file the same with the Registrar in Form No. 8. Therefore, due date of filing of LLP-8 is 30th October.
LLP Settlement Scheme
a) As per Modified LLP Settlement Scheme, general circular no. 13/2020 dated 30th March 2020:
“Any defaulting LLP is permitted to file belated documents, which were due for filing till 31st August 2020.”[1]
b) As per general circular no. 31/2020 dated 28th September, 2020:
“aforesaid scheme dated 30th March, 2020 extended till 31st December, 2020”[2]
After reading of above-mentioned provisions of LLP Act and General Circulars issued by Ministry of Corporate Affairs it can be compiled that:
“LLP Settlement Scheme allowed all the LLP’s to file all their forms with ROC without any additional fees till 31st December 2020, with condition that due date of all those forms should be on or before 31st August 2020.”
“As per Section 34, due date of LLP-8 is 30th October 2020, which is after 31st August, 2020.”
Conclusion:
One can opine that as LLP-8 for the financial year 2019-20 having due date 30th October 2020 which is after 31st August 2020.
Therefore,
- LLP-8 for f.y. 2019-20 doesn’t fall under LLP Settlement Scheme, 2020.
- LLP-8 for f.y. 2019-20 should be file till 30th October 2020
- If LLP-8 filed after 30th October 2020 then it is liable for additional fees and shall be considered as noncompliance under LLP Act.
[1] http://www.mca.gov.in/Ministry/pdf/Circular13_30032020.pdf
[2] http://www.mca.gov.in/MinistryV2/companyformsdownload.html
Author – CS Divesh Goyal, GOYAL DIVESH & ASSOCIATES Company Secretary in Practice from Delhi and can be contacted at [email protected]).
Author Bio
can we file a case against govt for the LLP act, if someone is not able to do the business and want to close this organization. why he should do the compliance ? he is ready to surrender the organization, then why fine? why other formalities? LLP act is more complicated than Pvt Ltd, then why people will go for it?
Dear Sir,
Whats is the last due date of LLP form 8 & 11 for the FY 2019-20
Sir
If the balance sheet was signed on 25 july 2020 and form 8 was due on 25 aug then is it covered by scheme ?