Every Designated Partner or Partners in an LLP (Limited Liability Partnership) has to file its return annually. For financial year ending March, 2019 –Due date to File Form 11 is 30th May, 2019 i.e. Annual Return: Form 11 is to be submitted within 60 days of closure of the financial year i.e 30th May 2018. (Financial year closes on 31st March).
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What Is Form – 11?
Form – 11 is Annual Return Form which includes the details of Partner along with the Total Contribution received by all Partners, details of partner such as Address of Partner their Appointment, Nationality etc.
Form 11 is to be filled by all (Limited Liability Partnership) LLPs irrespective of turnover during the year. Even when an LLP does not carry out any operations or business during the financial year, Form 11 needs to be filed Mandatory. It is important to ensure that all the information filed in the Form is correct as there is no provision for resubmission of LLP Form 11 Annual Return.
Let’s go through with the Information and Documents required to File Form -11
| 1 | LLP Identification Number |
| 2 | Registered office address of the LLP |
| 3 | Principal business activities of the LLP |
| 4 | Details of Designated Partners and Partners of the LLP |
| 5 | Total obligation of contribution of partners of the LLP |
| 6 | Total contribution received by all partners of the LLP |
| 7 | Particulars of penalties imposed on the LLP, if any |
| 8 | Particulars of compounding offenses, if any |
| 9 | Details of LLP and or company in which Partner/Designated Partner are a Director/Partner . |
| 10 | Digital Signatures of Designated Partners of an LLP. |
It is important to note that once the LLP Annual Return is filed, it cannot be resubmitted. Further, the total contribution received by all Partners of the LLP mentioned in LLP Form 11 Annual Return must match LLP Form 8 Statement of Accounts & Solvency to be filed on or before 30th October.
Is It Necessary To Audit Books Of Accounts Of Limited Liability Partnerships (LLP)?
Limited Liability Partnerships are separate legal entities; hence, it is the duty of the elected partners for maintaining a proper book of accounts and filing an annual return with the Ministry of Corporate Affairs (MCA) annually. Limited Liability Partnerships are not required to audit their books of account except where their annual turnover is more than INR 40 lakhs or if the contribution is more than INR 25 lakh. Hence, an LLP is not required to get their books of account audited if it fulfills the above-mentioned condition, making the process of annual filing simpler.
What Are The Requirements Before Filing Form -11 Of An LLP?
- LLPIN (Limited Liability Partnership Identification number) allotted to the LLP is needed to pre-fill the basic data.
- Declaration about contribution/sums received by all the partners of the LLP
- Payment of fees with respect to e-Form 4(Notice of appointment, cessation, and change in designation of a designated partner or partner) and processing of e-form 4 should be completed (If applicable).
Certification In Form -11 By A Practicing Professional?
The e-form needs certification of a practicing Company Secretary compulsorily if either of the following conditions is satisfied:
1. Total contribution made by Partners is more than Rs. 50 lakhs OR
2. Turnover of LLP is more than Rs. 5 crores.
Statutory Fee Payable For Filing Form 8?
| Amount Of Total Contribution In LLP | FEE PAYABLE |
| LLP having Contribution up to Rs. 1 Lakh | Rs. 50/- |
| LLP having Contribution more than Rs. 1 Lakh up to Rs. 5 Lakhs | Rs. 100/- |
| LLP having Contribution more than Rs. 5 Lakhs up to Rs. 10 Lakhs | Rs. 150/- |
| LLP having Contribution more than Rs. 10 Lakhs | Rs. 200/- |
CONSEQUENCES OF LATE FILING FORM 11?
Late Fees: Penalty of Rs. 100 per day is chargeable till the date of filing.
{The author is a Company Secretary & can be reached at (M) 7021848742 (E) csannusharma123@gmail.com}
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