MCA Waives Additional Fees for filing all Event-based LLP E-Forms

The Ministry of Corporate Affairs vides General Circular No. 6/2022 dated May 31, 2022, has provided relaxation in paying additional fees in case of delay in filing all the event-based e-forms by LLPs which are falling between February 25, 2022, to May 31, 2022, up to June 30, 2022. The present article briefs the filing of all Event-based LLP E-Forms. For more details on LLP Registration Requirements, click here

Synopsis of MCA Circular

MCA has received representations seeking an extension of timelines for filing the event-based forms by LLPs without paying additional fees in view of the transition from version-2 of MCA-21 to version-3. Keeping in view these representations and to promote compliance on part of the LLPs, it has been decided to allow LLPs to file various event-based LLP e-Forms, due dates which are falling between February 25, 2022, and May 31, 2022, without paying additional fees up to June 30, 2022. To register an LLP in India, click here.

Event-Based LLP Compliances

After registration, every LLP becomes a separate legal entity and it has to comply with all the legal requirements prescribed under LLP Act, 2008 and under the Companies Act, 2013. There are certain compliances that are required to be fulfilled on the occurrence of certain events and these compliances are referred to as Event-Based LLP Compliances. LLP shall be liable to pay a penalty for not observing these compliances.

List of Event-Based LLP Compliances

Sl.No	Event-Based LLP Compliances	Form	Due Date
1	Consent of Designated Partner and Particulars of Partners	Form 4	30 days from the date of such change
2	Change in Registered Office of LLP	Form 15	30 days from the date of such change
3	Change in Name of LLP	Form 5	30 days from the date of such change
4	Change in LLP Agreement	Form 3	30 days from the date of such change
5	Change in Designated Partners	Form 4	30 days from the date of such change
6	Registration of Charges	Form 8	30 days from the end of 6 months of the financial year

Note: All these forms are required to be filed before ROC Know more about FDI in LLP.

Consent of Designated Partner and Particulars of Partners - Form 4

As per Section7(3) of the Limited Liability Partnership Act, 2008, any person who wants to become a Designated partner in an LLP needs to file his Consent in Form 4 with the Registrar of Companies within 30 days from the date of his appointment. Accordingly, every LLP has to file particulars of such designated partner in Form 4 only with the ROC within 30 days from the date of his appointment.

Penalty for Non-Compliance of Form 4

In case LLP fails to file LLP Form 4, then the LLP and all its partners shall be punishable with a fine of Rs. 10,000 and which may extend up to Rs. 5, 00,000.

Change in Registered Office of LLP - Form 15

After Registration, if LLP wants to change its registered office then it has to intimate ROC about the change of Place of Registered Office by filing Form 15 and that too within 30 days from the date of shifting of registered office and this change of registered office will be effected from the date of filing of this form.

Penalty for Non-Compliance

If LLP and its partners fail to file Form 15 within 30 days from the date of shifting of registered office then the LLP and its partners must be liable to a penalty which shall not be less than Rs. 2000 and which may extend up to Rs. 25000.

Change in Name of LLP - Form 5

If any LLP wants to change its name after its registration then it needs to file Form 5 with ROC within 30 days from the date of change of LLP name in order to intimate ROC about such change of name.

Penalty for not filing Form 5

If LLP and its partners fail to file this form within the prescribed time limit then they shall be liable for a fine of Rs. 50,000 and which may extend up to Rs. 5, 00,000 and it shall be in addition to a fine of Rs. 50 for every day after the first day until the form is filed.

Change in LLP Agreement - Form 3

In case any changes are made in the LLP agreement, LLP has to file form 3 to ROC within 30 days from the date of such alteration.

Penalty for Non-Compliance

If LLP and all of the designated partners fail to file such a form then such LLP and designated partners shall be liable to pay a fine of Rs. 2000 and which may extend up to Rs. 25000.

Change in Designated Partners - Form 4

LLP admits a new partner or ceases an existing partner then such LLP shall file a Form 4 with the ROC within 30 days from the date of such admission or cessation.

Penalty for Non-Compliance

In case of non-compliance, every LLP and all of the designated partners shall be liable to pay a fine of Rs. 2000 and which may extend up to Rs. 25000.

Registration of Charges – Form 8

There is no provision to get the charge registered under the LLP Act, 2008 and LLP Rules, 2009 but if any charge is created, modified, or satisfied then it has to be mentioned in the Statement of Account and Solvency in FORM-8 within a period of 30 days from the end of 6 months of the financial year to which Statement of Accounts and Solvency relates.