Extension of Due date for Filing LLP Form 11

Extension of Due date for Filing LLP Form 11

Ministry of Corporate Affairs (MCA) vide General Circular No. 04/2022 dated 27.05.2022 announced the extension in the due date for filing LLP Form 11 (Annual Return) for the Financial Year 2021-22 without paying additional fees up to 30th June 2022. LLP Form 11 must be filed every year by all Limited Liability Partnerships (LLPs) registered in India. The current article briefs the extension so provided.

Synopsis of Notification

Due to representations received from various stakeholders for the extensions of the due date for the LLP Annual Return without paying additional fees by LLPs on account of the transition from Version-2 of MCA -21 to Version -3 and to promote compliance on part of LLPs, the MCA has decided to allow the extension in the due date for filing Form 11 for the Financial Year 2021-22 without paying additional fees up to 30th June 2022.

The official notification about the Extension of the Due date for Filing LLP Form 11 is attached here for reference:

LLP Annual Filing

Every Limited Liability Partnerships (LLPs) is required to file its annual return within 60 days from the end of the financial year and Statement of Account & Solvency within 30 days from the end of six months of the close of the financial year.

Limited Liability Partnership (LLP) under the Limited Liability Partnership Act, are required to file the following Forms with the Registrar every year:

LLP Form 11 – Annual Return

Form 11 is an Annual return that is to be filled by all 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. Apart from Basic information about the Name, Address of LLP, and details of Partners/ Designated Partners, other details that need to be declared are as follows:

• Total contribution by/to partners of the LLP
• Details of notices received towards Penalties imposed / compounding offenses committed during the financial year

Prerequisites for LLP Filings

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 concerning 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).
• DSC of the Designated Partner is also mandatory for filing LLP annual return

Documents Required

The following documents are required for filing an Annual return for LLP:

• Details of LLP and/ or company in which partners/ designated partners (DP) are directors/ partners (It is mandatory to attach these details in case any partner/ DP is a partner in any LLP and/ or director in any other company)
• Any other information can be provided as an optional attachment to this e-Form

Consequences of the Non-filing of Form 8

Failure to file LLP Form 11 can incur a penalty of Rs.100 per day. In addition to filing LLP Form 11, all LLPs must file LLP Form 8 before 30 days from the end of six months of the close of the financial year.

Ministry of Corporate Affairs (MCA) has announced that LLP can now file Form 11 (Annual Return) without paying additional fees up to 30th June 2022.

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Procedure for Filing LLP eForm 11

The Designated partner (DP) can upload the e-Forms on the LLP portal (after registering oneself as a user of the portal).

Download Form 11

The applicant needs to access the official website of the Ministry of Corporate Affairs to download Form 11. Form 11 is attached here for ready reference:

Provide Details

• Fill in the details in the downloaded eForm.  The information to be provided in the eForm should be as of March 31 of the year for which the statement is being filed.
• Enter the Limited Liability Partnership identification number (LLPIN) of the LLP and click on the Pre-Fill button.
• The system will automatically display the name, address of the registered office, e-mail ID, and other addresses if declared under section 13(2). In case there is any change in the email ID, enter the new valid email ID.
• Select the business classification of the LLP from the drop-down list. The system will automatically display the principal business activities based on LLPIN.
• The system will also display ‘total number of designated partners, partners and total obligation of the contribution of partners of the LLP
• Enter the amount of ‘contribution received by all partners of LLP. This amount should be same as the amount of contribution received as entered in eForm 8 (Statement of account and solvency) in respect of the corresponding financial year
• Provide the total number of designated partners (DP) and partners as of 31st March of the financial year for which the return is being filed
• Once the details are updated on the LLP portal, a service request number (SRN) shall be generated by the system and the same shall have to be mentioned at the time of filing this form.
• Provide details of penalties imposed on the LLP and its partners and designated partners. Provide the details of offenses compounded by the LLP.

Upload Documents

Click the Attach button for uploading the document. In case you wish to attach any other document, click the Optional Attachment button

Digital signature

The eForm should be digitally signed by the designated partner (DP) of the LLP. Enter the DPIN (Designated partner identification number) of the DP.

Certification

In case the total obligation of the contribution of partners of the LLP exceeds Rs. 50 lakhs or turnover of LLP exceeds Rs. 5 crores, then the eForm needs to be certified by a Company Secretary in whole-time practice. Enter the certificate of practice number and select whether he/ she is an associate or a fellow.

In case the total obligation of the contribution of partners of the LLP does not exceed Rs. 50 lakhs and turnover of LLP does not exceed Rs. 5 crores, then the eForm needs to be certified by the designated partner of the LLP. Enter the DPIN of the DP.

Pre-scrutiny the eForm

After the check eForm is successful and required documents have been attached, pre-scrutinize the eForm.

Digitally sign and Submit the Form

Once the eForm is pre scrutinized, filled, and signed, it is ready for uploading on the LLP portal. Login to the LLP portal with your user ID and password for uploading the eForm.