As per the latest “Statement of Account & Solvency Form 8” there is a Mandatory requirement to attach the disclosure under the Micro, Small & Medium Development Act, 2006 for LLP.
Download the Disclosure Format
Also see : LLP Annual Filing Form 8
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Can the Disclosure be digitally signed by the Partner?
If you have software to attach your own DSC then you can attach. Otherwise physical copy is also sufficient.
Thank you for sharing your article with us, it really helped a lot
If a LLP is filing its Form 8 after due date ie. 30th oct. i.e. on 7th nov. then what date shall be put on MSME disclosure. 31.3.2019 or Form Filing Date
Put filing date on MSME disclosure while filing form 8 LLP.
Dear madam
Kindly confirm that, if the total turnover of the LLP is more than 40 Lacs and partners obligation exceeds 25 lacs in this case, do we need to obtain the CA certification on disclosure of MSME?
Also let me know that in LLP Act or rules where it is mentioned that this disclosure is to be signed by the Designated Partners as I’m unable to find out?
Yes, CA shall give certificate in form 8. The mandatory attachment to form 8 is MSME and since there is no specific provision written in ACT or Rule, it is practice that it can be signed by both partners.
WE HAVE ONE LLP
IS THERE MANDATORY TO REGISTER UNDER MSME
Registration under MSME is not required but disclosure is mandatory.
In MSME Declaration to be attached to LLP Form 11 what should be the date in the attachment?
MSME is to be attached to form 8 of LLP. The date would be of current date.
Please advice if an LLp invests in Foreign INC what are the RBI compliance.
If LLP invests in foreign INC, then ODI form is to be filed with RBI within 30 days of making investment.
In Form 11,
Other than details of LLP and/or company in which partner/designated partner is a director/partner any other attachment is required?
Also in Principal business activities of the LLP which is pre filled – “As per Annexure 1 attached” any attachment is required regarding this?
Your reply is appreciated.
If partner is director of any other company or partner of any other LLP, then details should be given as per format provided in form 11 itself.
Our LLP is in service sector whose investment in equipments is somewhere around Rs. 2 lacs.
As per the limits prescribed under the Act it is covered under the Micro-Sector Enterprises.
The Act also says that it is not statutory to get MSME registeration.
My question is if I would not apply for MSME registeration for the said LLP, even though will it be considered as MICRO ENTERPRISES and will it have to give disclosure in Form-8 being a MSME or non-MSME???
Under form 8, LLP has to give MSME disclosure.
A LLP was incorporated in December, 2015 and it has carried on its business activity.
As per Income Tax Act, LLP needs to file its ITR for 15-16. As per which it will be the First F.Y for this LLP.
Whereas it has already filed the ITR for the F.Y. 2015-16 as per Income Tax Act and will also file the Second ITR for the F.Y. 2016-17
Now my question is whether this LLP can file Form-8 and 11 from the date of incorporation to 31/03/2017 or it has to file Form 8/11 for both the F.Y. i.e. 15-16 and 16-17.
Please suggest
Thanks
If 31.03.2016 is first FY then LLP should file form 11 and 8 for 2016.
Hey,
I had a querry, Do we need to attach Statement of Assets and Liabilities along with P&L and Notes and Schedule thereto in LLP Form 8. Ours is a small LLP not falling IN0 Lacs and 25 Lacs .
No mandatory requirement. But it will be good practice to attach it with Form 8.
What is the procedure to surrender DIN as 1 of my client has 2 DINs. Also the Applicant is not yet a director in any Company.
Company shall pass board resolution and file form DIR 5.
Ma’am,
Is it compulsory that mandatory attachment (MSME Disclosure) is sign by all partners or two partners who sign form 8 can sign ??
It shall be signed by all partners.
Hi,
Please suggest if the MSME declaration form (to be attached with Form 8) needs to be signed by all the Designated Partners or the sign from any one Designated Partner shall work.
Signed by all partners
HI
We have started an llp and want to close the operations as defunct. We haven’t signed the agreement but registered the name.
We are unable to close it as I was told that the e-system is not taking as its less than one year.
We haven’t submitted the agreement though it was incorporated 3 months back. We thought we would close it. What is the best way to come out of this and close it at the earliest
Appreciate your responce
You will have to wait till one year as per LLP Act.
Hello,
Appreciate your response.
Do I need to pay penalty if i don,’t submit the agreement. Online says 100 per day.
We are stuck at the agreement stage and that’s why want to file a closure.
Please suggest
Thanks
yes you will require to pay the penalty.
Dear Ma’am,
We have incorporated an LLP on March 21, 2015, Do we need to file Form 8 & Form 11 on 30th October and 31st May respectively or we have the option to file the form in year 2016?
Your replies are beneficial to me. Thanks in advance.
You can file in 2016
You can file in 2016
Dear Ma’am,
we have incorporated the LLP in 04.12.2015.
Now we want to know what is the due date of filing of e-form 8 & 11.
Thanks
Aakriti Wadhwa
Due date of form 11 is 30.05.16 and 8 is 30.10.16
Dear Mam,
i have Incorporated llp in may 2015 and when i file the form-8 there is showing error that currently reporting period is sync with the date of incorporation.
what date shuld be mention in P&L A/C please reply me asap.
Thanks
Date on Profit/ Loss account shall be as on 31.03.2016.
HI
I HAVE DIN AND THAT TIME I WAS INDIAN CITIZEN BUT NOW I AM USA CITIZEN , I WANT TO OPEN NEW COMPANY IN INDIA AND HOW I AN CHANGE MY DIN INFORMATION BECAUSE NOW I NRI
You can file DIR-6 form with verification in DIR-7 format, while submitting e-form DIR-6 you need to submit verification, pan card ( if you have), new passport with change in citizenship. All these documents shall be attested by Foreign Public Notary and apostil.
Dear Madam
We have registered a LLP in year 2013 ,We are looking forward for loan ( without collateral)under CGTMSE for this do we need to convert LLP in to Pvt ltd. & then get it registered under MSME.
Kindly guide .
Thanks in advance for help
Conversion of LLP into Pvt. Ltd is not possible as per LLP Act, or Rules
Dear madam,
This details of principal amount, Interest and payment as per MSME for Form 8 is related to anything bought from enterprises falling under MSME category?
For filing MSME format, please refer Balance sheet of LLP while filing form 8.
Dear Madam,
A LLP has not commenced its operation. It only have incorporation expenses. There are 2 designated partners with contribution of Rs 50,000 each. The LLP was formed on August 12, 2012. What should we state under the Disclosure under MSME.? Whether we can state that Disclosure is not applicable for LLP? Or We should attach that disclosure mentioning “NIL” for each item ?
Please view the draft of disclosure to be made under MSME (Micro Small and Medium Development) Act 2006 and check whether the details as per Balance sheet are NIL or not. Accordingly please inform to ROC.
My llp was formed in April 2012. No business has been done. Even the current account is not opened yet.
1) Did I need to file form 11 by 31/Mar/13 ?
2) If yes, is there any penalty I will have to pay now? Is there a way to have the penalty waved off since there is no business.
3) If the form 11 is to be filed, is it necessary to have a CA sign it? Can it NOT be without CA’s signature ? (there is nothing for a CA to do since zero operation).
4) Am I required to file form 8 too now?
5) If yes, is there any penalty I will have to pay now? Is there a way to have the penalty waved off since there is no business.
6) If the form-8 is to be filed, is it necessary to have a CA sign it? Can it NOT be without CA’s signature ? (there is nothing for a CA to do since zero operation).
LLPs registered from 01-10-2012 to 31-03-2013 have an option either to close financial year as on 31-03-2013 or 31-03-2014 and to file both Form-8 & 11 accordingly. Please note that if LLP fails to file Form-8 and Form-11 within prescribed time, an additional fees of Rs. 100/- is payable per day till date of filing. E-form 11 of LLP shall require Digital signature of two partners only. e-form 8 shall require Digital signature of two partners and Digital signature of any of professional ( CA/CA/CWA).
Mam,
Our is small software llp… do we also have to attach same format for “disclosure under MSME form 8”
as mentioned on your website.?
regards,
rahul
Yes, you should attach same format “Disclosure under MSME form 8” because disclosure is mandatory attachment to form 8 even though your LLP is small software LLP.