The Ministry of Corporate Affairs vide General Circular No.: 6/2020 has decided to give Onetime relaxation in additional fees to those Limited Liability Partnership (LLP) which were defaulted in filing of Form LLP-3 (Information with regard to limited liability partnership agreement and changes, if any, made therein), Form LLP-4 (Notice of appointment, cessation, change in name/ address/designation of a designated partner or partner. and consent to become a partner/designated partner), Form LLP-8 (Statement of Account & Solvency) or Form LLP-11 (Annual Return of Limited Liability Partnership).
Form covered under the Scheme:
1. Form LLP-3 (Information with regard to limited liability partnership agreement and changes, if any, made therein).
2. Form LLP-4 (Notice of appointment, cessation, change in name/ address/designation of a designated partner or partner. and consent to become a partner/designated partner).
3. Form LLP-8 (Statement of Account & Solvency).
4. Form LLP-11 (Annual Return of Limited Liability Partnership)
Applicability: Any LLP which has made a default in filing of aforesaid on the respective Due date(s) and which were due for filing till 31st October, 2019 in accordance with the provisions of this Scheme.
Effective Date of Scheme: This scheme shall come into force on the 16th March, 2020 and shall remain in force up to 13th June, 2020.
Payment of Fees and Additional Fees: The defaulting LLPs may file the aforesaid forms which have not been filed in time by making payment of Additional Fees of Rs. 10/- per day for delay in addition to any fee as is payable for filing of such document or return, provided that such payment of additional fee shall not exceed Rs. 5,000/- per Form.
Immunity from prosecution if the defaulting LLPs filed pending Forms under the Scheme: If the defaulting LLPs filed their pending Forms during the scheme period then they shall not be subjected to prosecution by Registrar for such defaults.
This Scheme shall not apply to those LLPs which have made an application in Form No. 24 for Striking Off its name from the Register of LLPs.
If any LLP which have not availed this Scheme and are in default in filing of documents then after conclusion of the Scheme, the Registrar shall take necessary action under the LLP Act, 2008.
The contents of this document have been prepared on the basis of relevant provisions existing at the time of the preparation. The observations of the author are personal view and the author does not take responsibility of the same.
(The author i.e. CS Parbat Chaudhari is a Company Secretary in Practice and can be reached at (E) csparbat@yahoo.com).
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