This is with reference to Annual filing of LLP (Form 8 and 11) for the financial year-end 31st March of every year with Registrar of Companies.
What is Form 8 ?
It is the declaration given by all Designated Partners of LLP that whether they are able to pay its debts in full as they become due in the normal course of business or not. LLP firm shall be required to prepare Statement of Accounts and Solvency which shall be filed by all designated partners within 30 days along with prescribed fees, from the end of six months of the financial year to which statement of accounts relate with Registrar of Companies (RoC).
Contents of Form 8 (Statement of Account & Solvency)
Part A- Statement of Solvency
Part B – Statement of Accounts, Statement of Income and Expenditure
Attachments – Disclosure under Micro, Small and Medium Enterprises (MSME) Development Act, 2006.
Form 8 is to be digitally signed by 2 Designated partners and certified by Chartered Accountant (in Whole time practice) / Company Secretary (in Whole time practice) / Cost Accountant (in Whole time practice).
According to Section 34 of Limited Liability Act, 2008 and LLP rules 2009, every LLP shall file Statement of Accounts and solvency under e-form 8 with prescribed fee within a period of 30 (thirty) days from the end of 6 (six) months of the financial year to which such statement relates.
What is Form 11 ?
Form 11 is a Annual Return.
Contents of Form 11
Number of partners, total contribution received by all partners, details of partners, details of body corporate as partners, summary of partners.
Every LLP shall file Annual Return within 60 (sixty) days from the closure of the financial year along with prescribed fees.
Due date of filing Form 11 is 30th May for each year.
Note : If LLP fails to file Form-11 within prescribed time, the designated partners shall be liable to be punishable with fine which shall not be less than Rs. 25000 but which may extend to 5 (five) lakh rupees.
Types of Forms and due date of filing
| Type of Form | LLP Registered | Due Date of Annual Filing | List of documents to be submitted |
| Form 11 | Upto 30th September | 30th May | List of companies/LLP’s in which Director is Partner |
| Form 11 | On or After 1’st October | Option to either file form on immediate 30th May or next year’s 30th May. | List of companies/LLP’s in which Director is Partner |
| Form 8 | Upto 30th September | 30th October | Disclosure under MSME & Statement of Accounts |
| Form 8 | On or After 1’st October | Option to either file form on immediate 30th October or next year’s 30th October | Disclosure under MSME & Statement of Accounts |
Please refer notes below about closing of Financial year with respect to filling of forms before due dates as mentioned in above table.
Note 1 : LLP’s registered up to 30th September of any year — have to mandatorily close their financial year as on immediate 31st March.
Note 2: LLP’s registered between the period starting from the 1st October to 31st March of that year, have option either to close financial year as on immediate 31st March or next year 31st March.
Due date of filing form 8 is 30th October for each year.
Note: If LLP fails to file Form-8 within prescribed time, an additional fees of Rs. 100/- is payable per day till date of filing.
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Greetings. Thanks for the information reg LLP on your blog. I am trying to file Form 11 for YE 31-Mar-2022. In V2, filing Form 11 was a breeze. Could you pl write an article regarding filing Form 11 in V3. I created a sign in by selecting the option on top right. Selected Form 11 under LLP Services. Was able to enter the From and To Date as 01-Apr-2021 and 31-Mar-2022 respectively. The portal should have populated my LLPIN. It did not. I searched using LLP Name, which worked only once and I was able to select my LLPIN. Other times, portal was continuously searching. Even that lucky time, new filed for Police Jurisdiction for Registered Office is blank and could not proceed further. According to FAQ, this particular field is only for LLP that have filed Form 12. Not sure, why meddle with something that was working fine. OR, have I missed something very important. Appreciate your thoughts on this.
Yes, your observation about LLP filing under V 2 is correct. Under V3 it is hard to fill up data and upload the form. The portal is continuously searching and don’t show application under history. For existing LLP, you will have to register as Business user and for new LLP, you will have to create account as Registered User. Being professional, I am also facing problem in creating Business user account due to non receipt of 4 OTPs at one time. All are waiting when the filing will be done smoothly without any difficulty. I suggest please wait for few days till site will be fully get operated.
Greetings. In 2013 I converted a Pvt Ltd Co into LLP using Form 1 and the rest of the forms. Now in 2022, I need to convert another Pvt Ltd Co into a LLP. Looks like procedures have undergone a lot of change. From FAQs, I understand that I can file FiLLiP and need not reserve using RUNLLP. Is my understanding correct. If you have time to spare, could you please post on the steps briefly for conversion as the Forms and Process have undergone lots of changes since your last post on this matter. Thanks in advance.
Sorry for late answering your query. First of all Thank you for your comment and suggestion. I will work on the same. During April to June I was totally busy in Filing of Form 11 LLP and DPT 3 of companies. On the other side I was facing many issues in filing form 11 LLP which is never ending now a days. Each day becomes challenge for us. Thank you once again.
I apology for late answering your query. Being CS Professional, we are also facing the issues in filling up Form 11 LLP under new V 3 version of MCA LLP portal. The problems which you were facing, I have also gone through the same. We raised the queries / complaints, but we were waiting for solutions. You would have to try each day with lots of patience. We are still facing some technical issues in filling up Form 11 LLP as well as FiLLip form. Lets wait and watch. Now MCA will start new V 3 portal for all private limited and public limited companies. Gradually in the month of August we cannot file few forms during 15th to 31 st August. Once V 3 portal will operate, we will be able to file forms.
I missed filing of Form-8 & Form-11 for LLP for this year. Shall I be eligible to file form-8 & Form-11 forms for the next year?
Yes, you can file forms for the next year but it will be non compliance if you miss filing Form 8 LLP and Form 11 LLP for the last year. The additional fees will increase day by day till date of filing. It is advisable to do filing for current year.
Dear Madam,
We have not filed form 11 and form 8 for Fy 2019-20, can we file the same for Fy-2020-21 without filing for 2019-20. ?
Yes, you can but it is advisable to file pending forms 11 LLP and 8 LLP as early as possible in order to avoid additional fees.
I hv been filing the form 11 since 2008. In 2016 there was a change in the partnership, i.e. one partner resigned n the other partner share was increased proportionately. However since 2016 there was an error in filing the the amount of the the share capital. The original share capital was 6 lacs however erroneously same was filed as 21 lacs. And error has been repeated for the yrs 2017/18/19. Is it possible to file a revised return and correct the mistake or any other suggestion that you suggest.
Form 11 cannot be revised once filed. I would advise you to please visit Registrar of companies and inform this change. Get the advise from Registrar.
Hello Ma’am,
LLP had taken a term loan of rs. 200 Lakhs for the purpose of construction against the equitable mortgage of Plots in oct 2020. whether LLP Form 8 is to be filled by the LLP. If yes then which option annual or interim should be selected.
LLP form 8 Annual is to be filed.
HELLO MAM
I HAVE A QUERY
WHETHER SIGNING OF LLP BALANCESHEET BY CA IS COMPULSORY WHEN LLP DOES NOT CROSS 2 LAKHS AND 40 LAKS LIMIT. I HAVE ASKED MANY PROFESSIONAL THEY SAID IT IS USUAL PRACTICE TO SIGN LLP BALANCESHEET BY CA BUT THEY DID NOT PROVIDE ME ANY MERIT REGARDING THEIR REPLY OF SIGNING OF BS BY CA
PLEASE PROVIDE ME YOUR VALUABLE ADVICE
THANKS IN ADVANCE
Audit of LLP’s Balance sheet is not mandatory unless LLP crosses threshold limits which you mentioned in query. Usually audit is necessary when limits crosses or LLP require Bank loan.
Thanks mam
Then should I have attach bs and pnl in form 8 signed by designated partners only not by CA
Yes, it is advisable to attach the signed Balance sheet, Profit/ loss statement to Form 8 LLP
Mam, i am trying to to file form 8 and form 11 under LLP amnesty scheme for F.Y. 2015-16. As on 31.03.2016 the designated partners were different and today as on 20.07.2020 the partners are different. Can i file form 8 and form 11 of the LLP for F.Y. 2015-16 with DSC of new partners. The DSC of old partners is not available.
Please guide.
same doubt i have can you please help FCS Meenal Abhyankar.
It would be of great help.
Thankyou
Thanks for sharing a nice article.
Dear Madam
Can you please lets me know the due date for filing Form 8 and Form 11 of LLP for Financial year 2019-20?
Due date of filing form 11 is 30.05.2020 and form 8 is 30.10.2020.
I have read that due date for Form 11 for FY2019-20 has been extended till 30 Sep 20. Is that incorrect?
Yes, the due date for form 11 for FY 2019-20 is extended due to COVID 19 situation.
I have read that due date for Form 11 for FY 2019-20 has been extended to 30 Sep 20. Is that incorrect?
Please consider the other part that incorporation after October of that year and file form 11 and 8 after closure of financial year.
Hello Madam,
The LLP is incorporated as on 06/02/2019, but form 8 and form 11, is not filed till date. Now we have to strike off the LLP, whether we should have to file form 8 and form 11, before filing form 24? if yes, whether form 8 and 11 is required to file after March 2020, or we can file before march?
Please guide
Please refer Notification dated 20.05.2017. As per the Limited Liability Partnership Rules, 2009
“(1A) The limited liability partnership referred to in clause (b) of sub-rule (1) of rule 37 shall file overdue returns in Form 8 and Form 11 up to the end of the financial year in which the limited liability partnership ceased to carry on its business or commercial operations before filing Form 24.
1.Mam we incorporated LLP on 10/12/2018 but no filling till date and how much penalty? 2.filling IT is first OR filling form 8 and 11 is first? 3. and recently we changed the contribution of partners from 10000 to 100000 as 9:1 in this case where we have to change please give me the suggestions of above questions
please check additional fees on MCA portal when you click to esquire fees.
If form 11 of LLP can not be revised then what is the way out to rectify the same. without correcting that i cannot file form 8.
PLS ADVICE
I would advise you to raise the ticket for this technical issue on MCA portal.
Hi mam, our LLP was registered on 05.09.2018. no income is earned till 31.03.2019. we have filled ITR for March 2019 but forgot to fille the ROC form 8 and form 11. shall I file the For 8 and form 11 as on 31.03.2019, and will be liable for panelity? it is becoming high amount even though I have nill receipts from 05.09.2018 to 31.03.2019…. pls guide.
or we have to skip the e filling for 31.03.2019 and to file next year …
I think you have to file pending e-forms 8 and 11 for 31.03.2019.
While filing LLP Forms, whenever the DSC is attached on different systems, there is no prescrutiny error.
But while uploading the form it shows need to attach mandatory DSC, for the ones not attached from the system.
Could you help me with this pertinent issue.
Thanks in advance.
Please check if DSC of all partners are roll check on MCA portal. But still the problem persists then raise the ticket with screen shot of an error.
Our LLP started on 16.01.2019 . Please suggest due date for filing of Form 11 & 8
Due date of filing form 11 if LLP incorporated on 16.01.2019 would be 30.05.2020, for form 8 it would be 30.10.2020, if there is no income / revenue earned for the year end 31.03.2019.
Due date of filing form 11 would be 30.05.2020 and for form 8 would be 30.10.2020. But in case after incorporation till 31.03.2019, there shows income, file income tax return and file form 11 and 8 for 31.03.2019.
While uploading form-8 an error has been showing that membership no of auditor doesnot exist
The DSC of CA may not be registered on MCA portal. First of all register it on MCA portal and then attach DSC to Form 8, you will not get an error.
which section or rule where it mention **due date is immidiate or next 30 oct or 30 may in case of LLp incorporate after 1 oct**
Please check on MCA portal – LLP annual filing FAQ.
If Form-8 of LLP is pending to file for FY 2017-18, can we file Form-8 for FY 2018-19?
Yes I think you can. But still your compliance of FY 17-18 shows pending.
Thanks Mam for Reply..
Another query is as due to mistake one form-8 for FY 2017-18 is pending to file. So there is delay of more than 300 days. Then whether liable to any procecution? If yes how to compound?
First of all file e-form 8 LLP to ROC with additional fees and challan will be created and visit Registrar of Companies within whose jurisdiction office is situated and get advise from officer.
Yes
LLP incorporated on 30th Oct 2018 and Form 11 is filed. but there are no operation and no business of llp. how to file form 8??? all field in the form can we put zero?? please guide
My advise would be to file form 11 as early as possible in order to save additional fees.
Hi Ms. Meenal,
out LLP was formed on 23 July, 2018.
We got form-11 missed.
Will it attract any penalty? or it is not mandatory to file form-11 in the first year of incorporation?
Form 11 and form 8 is both applicable for each financial year. please file form 11 asap in order to avoid per day penalty till date of filing.
Dear Madam,
The LLP is registered on 07-12-2017 hence I’ve an option to choose the closure of F.Y by 31-03-2019. The statement of accounts to be prepared from 07-12-2017 to 31-03-2019. Kindly guide us whether is it correct that the statement of accounts has to be drawn in this manner only.
The Financial figures should be consolidated for the period 07-12-2017 to 31-03-2019. Its a Non-Audit Case.
Your proper guidance will be of great help to me.
Thanks in advance
You can close financial year end as on 31.03.2019 and do the filing of e-form 8 now. Audit is not compulsory unless capital and turnover reached thresh hold limits.
Madam,
Our LLP was incorporated on 05-03-2019. We are filing Form No: 8 only at present based on the statement of assets & liabilities on 31-03-2019. Is it mandatory to file Form No:11 also now ?. If the answer is “No” when we have to file Form No:11?
Thanks in advance.
N.ASOKAN
If LLP is formed on 05.03.2019 you can close first financial year end on 31.03.2020 and then file form 11 and form 8.
We have formed LLP in January 2019 and filed its income tax return for year ended March 2019.
Do we have to file Form 11 for this year ?
Also, can you please let me know the section or clause or rule under which it is stated that if LLP is formed after 1st October then we can file Form 11 till next year’s
30th May
Yes form 11 LLP is to be filed if you have filed IT return.
Dear Mam
I formed a LLP in Feburay 2019 but I did not file form 11 of F.Y 2019 for this I was reading LLP Act for due date for filling of form 11 meanwhile I saw your this blog which is very helpful for me. Mam can u please give me reference for these due dates where written in LLP ACT.
I have mentioned the due date of filing of form 11 LLP in topic ” Annual filing for LLP”.
My llp registered in 2018 oct.
I filed form 11of annual return.
But llp wishes to close its financial year in 2020
Can i close fy in march 2020 ?
M i required to file form 8 ? Now
Yes you can close financial year in 2020 and then file form 11 and form 8 to ROC.
Thank You for previous reply Mam!
One more question, I’m Designated Partner in LLP which has not done business from 18 December 2018 (Register Date), LLP will file ITR but Do I as a designated partner (individual) have to file ITR?
Yes if you have earned income on individual basis, then ITR is to be filed.
Hi Mam,
We registered LLP on “18 Dec 2018” and Skipped “Form 11” filing on 30 may 2019 (will file next year).
It is compulsory to file “Form 8” coming October 2019?
As per this article First/Immediate filings of May and October can be skipped if LLP is registered after September 30, 2018.
Yes you can file form 11 and 8 in next financial year. But you need to check and file it if there is any income or business operation during the year from incorporation till 31.03.2019 and if you are filing income tax return.
Thanks for Reply Mam,
What I understand is, I have to file Form 11 before 30 May 2020 and Form 8 before 30 October 2020 bcoz my LLP was registered on 18 Dec 2018. This year I have to file ITR before 31 July 2019.
Yes.
Ma’am,
My company is under strike off process from March 2019. how long it will take to close it status.
The process of checking documents and approval varies from ROC to ROC of different states. It also requires follow up after application to ROC. Normally as per my experience, it takes 6-12 months for approval because as per process, ROC also publishes application to Official Gazzette and then in every month sends email about status to the applicant.
Hello Mam,
My company is converted into LLP in the month of June 2019.
Can I know what and all are required to be filed for FY2018-19 and FY 2019-20?
Thanking you in advance.
Filing of form 8 is due in October 2019 after filing of income tax return.
Hello Mam,
We got incorporated our LLP back in October 2016, each year we have been doing proper compliance timely, but when checking the annual filing status on MCA portal, it shows event date for From 11 but for Form 8 it is not showing anything. While checking back the SRN we were able to find one for the year 2018.
We are really concerned if there is some issue, however we haven’t received any govt. notice yet.
Could you please help me on this, I shall be really grateful. Thanks!
MCA shows status of filing of two forms, form 11 and form 8. I would advise you to please raise the ticket to change annual filing status of Master data of LLP.
Thank you for all the information and keeping it up-to-date. It’s a great service you are doing for startups and LLPs – saves us a lot of time and money as all information is available in one place.
Thank you for comments.
Hello Mam
my query is regarding form 3. The LLP has not filed form 3 till date and now it is unable to do annual filing because of non filing of form 3. The penalty is really huge…..around 1,40,000 and LLP has not done single transaction since incorporation.
please guide ..is there any way out for penalty
please reply asap
thanks in advance
As per LLP rules form 3 of LLP is to be filed otherwise you cannot file any annual forms.
There is no way out to minimize the additional Government fees.
Hello,
Can you please clarify whether Financials of every LLP need to be signed by both the designated partners and auditors?
Audited Balance sheet is not required.
Madam,
Do we need to attach signed Annual Accounts by both Designated Partners and Auditors in Form 8?
There is no need to sign Annual Accounts by both Designated partners and Auditor.
Hi, My LLP is incorporated on 30/01/2019. Can I file my Form 11 next year i.e 30/05/2020.
If LLP is going to close its financial year end as on 31.03.2019, then form 8 is required to be filed. Otherwise it can be filed in the next year.
Wrongly filled form 11 of llp what should i do nect i visited concerd roc office also but no help and revised return is also not possible
Yes that is right, you cannot file revised form 11 of LLP.
i have filled form 11 but in turnover selection i have slected turnover below 5 cores instaed of above five cores and form has been approved what should i do now
If amount of turnover is less than Rs 5 crore, then there is no separate certificate from CA will require and form will be approved.
My llp capital contribution was 1lalh and in previous year form 11 I have mentioned the samee.Do I need to mention the same contribution or I have to mention only if there is any new contribution in this financial year.
You will have to mention same capital contribution though there is no change in capital.
LLP Form 11 says “Contribution received to be entered in corresponding Form 8 should be same as the value entered in field 8(d).
But how can this match?
For example my LLP total obligatory contribution is 10lakhs and entire amount is received. During the year I have credited remuneration of 1lakh. Then total value to be entered in Form 8 State of Assests and Liabilities comes to 11lakh; But that cannot match with Form 11 as I cannot enter value exceeding obligatory contribution i.e. 10lakhs in this case.
if not where should I credit the remuneration of 1lakh?
First of all please file form 3 of LLP with change in capital contribution and then Registrar will update the amount in LLP master data and which will automatically reflect in form 11 as per your requirement.
Hello, DIN of one designated partner is showing de-activated due to non-filing of KYC. However his DIN is getting pre-filled in Form 11. Wanted to know is there any relaxation for LLP ? Can I file the form without filing his KYC as it is allowing me to do that.
I would suggest you to please fill up the entire form till pre scrutiny step. I think then message will come that partner DIN is deactivated due to non filing of KYC. Director of LLP is required to file DIR-3 KYC in every financial year before 30th April
Hi Ma’am
I have a follow up question in regards to your reply. LLP has 3 partners and 1 partner’s DIN is deactivated due to non-filing of DIR-3. This partner is set to resign from the LLP soon, however yet to do so. Other 2 partners DIN’s is active. Are all 3 DIN’s required to be active in order to file for the Form 8 / 11 in MCA portal now?
Please advise
Normally DIN shall be activated before filing annual filing forms such as Form 11 and Form 8 LLP.
But you will have to fill up required form, fill up all DIN and go to end of the form and check. If the system allows uploading of the form, it will be OK.
Otherwise you will have to ask Director whose DIN is deactivated ( now CFSS scheme is valid till 30.09.2020 so he can get advantage of paying normal fees instead of additional fees.
Mam I have filed for strike off of company last year 2018 sep(company incorporated in June 9 2017). My company status on mca portal is “under process of strike off”.Do I still need to file anual returns -Form 11 and form 8. Also, in March 2019 I have received mail from MCA stating company will be dissolved within 30 days unless reason is found contrary. But my status is still showing “under process of strike off” What should I do?
I think, if you have filed form 24 LLP for strike off LLP name from registrar of company, there is no need to file form 11 and form 8 though the status shows ” under process of strike off”. Otherwise you can check after pre filling up the form 11 and 8 you will definitely get the pop up message that the LLP has applied for strike off.
Thank you Ma’am.
You are welcome.
Dear Madam
We have LLP and want to strike off the name of the same from registrar however,
– There was no LLP agreement filed at the time of its incorporation in form 8;
– There was no business since its incorporation
– No Form 8 and 11 have been filed since its incorporation
– No Income tax return have been filed since its incorporation
In the above situation can we take the benefit of MCA notification dated 16th May, 2017 and proceed to file Form 24 without filing of Form 3 Form 8 Form 11 and Income Tax Return for the defaulting years or we need to comply them and file the Form 24.
Your prompt reply would be highly appreciated.
You can take benefit of MCA notification dated 16th May 2017 but, as per the said notification, you need to file Form 3 for initial LLP agreement.
Hi Meenal, would like to know that, if the partner is the partner only in the LLP for which Form 8 and 11 is filed, then whther in point 10 in form 11, the value will be 0 or 1, (for no. of LLP/company in which he is partner?)
and in this case whether attchements is required?
If existing two partners are partners of only one LLP for which they are filing e-form 11, then they can mention zero in form 11 under point 10. Then attachment is not required.
Dear Mam
Our LLP is incorporated on June 2018, since then no business transacted, now we want to close the LLP
Do we need to file both Form 11 & Form 8 before Closure??
As per my opinion, if application for closure is to be made before March 2019 then LLP form 11 and 8 wont require to file.
form-24 LLP filed on 30/03/2019. required to file form-11 and form-8 for 31/03/2019?
If there is no resubmission and rejection as on today, no need to file form 11 and form 8. But if there is any resubmission of rejection even after crossing the due dates, compliance with additional fees need to be done.
If form 8 is not filled with in prescribed time period thn penalty start from 31march or 1nov. Bcz due date is 30oct ..
Penalty will start from 31st March
If LLP incorporate on 3rd Jan 2018 then we can file IT return for 15 months from Jan-18 to Mar-19 ?
Please refer LLP Act 2008, Section 2(l) of Act, financial year in relation to LLP means the period from 1st day of April of a year to the 31st day of March of the following year provided that in the case of LLP incorporated after the 30th day of September of a year, the financial year may end on the 31st day of March of the year next following that year.
Hi Meenal,
THank you for the great article and I have read your comments as well.
We had formed LLP in Feb 2016 but had made the first Form 11 filing in 2017. The Assistant I hired didnot file form 8 but claimed he had.
Is there any way to find out if Form 8 for 2016-17 was filed? If we don’t see it on MCA’s site then its not filed right?
Secondly if I have to file form 8 for 16-17 now what needs to be done. Is there a cap on penalty to be paid? and does MCA give any receipt for penalty charges. I am asking this since I paid a penalty for late filing of a form but I am unable to track it – whether it was form 8 or 11
You can visit MCA site under efiling portion and you can view the e-forms which LLP has filed in past. For filing form 8 with ROC, please get balance sheet, profit or loss statement prepared from your Chartered Accounts and then prepare the form 8 of LLP, attach DSC of two designated partners.
The form 11 for 15-16, 16-17& 17-18 has been submitted but form-8 has not been submitted for the above years.
Our previous auditor had not done the financials for these three years, so he did not submit the form-8.
We have opted for another auditor and have done the financials for the above two years in Jan 18 and the present year was completed on time.
Is there an option in filling the form-8 without penalty as we where on loss till 15-16, however we have marginal profit for 16-17 & 17-18.
You need to file form 8 even though LLP has loss.
Ma’am
if we miss submitting form 8 and Form 11 for LLP and after 3 years if total late fees come upto 2 lakh rupees … is there a way out than pay 2 lakh rs? Do we have a cap on late fees (maximum late fee) ? ITR returns have been filed on time ….
There is no way to avoid ROC additional fees.
WE ARE UNABLE TO FILE EFORM 8 FOR THE FY 31.03.2017 FOR OUR LLP.
IT SHOWS AS “THE LLPIN ENTERED IS NOT VALID””.
PLEASE GUIDE
As per my view if LLP has filed form 24 for striking off , it is not required to file form 11 and 8.
I think that is why you have got error. But for safer side you can raise compliant on MCA portal and your problem will be resolved.
I have incorporated my LLP on 27.10.2011 and changed the name of LLP on 12.03.2014.
I’m not sure whether I’ve filed Form 11 & Form 8 before 12.03.2014.
As there is a change in name w.e.f 12.03.2014, is it still necessary to file form 11 & 8 for the FY 2011-12, 2012-13, 2013-14.
Yes ,irrespective of change of name, compliance of filing form 11 and 8 is mandatory.
I have incorporated my LLP on 11th October 2017. Do I have to fill Form 8 & Form 11 by 31st May 2018?
In case LLP has been incorporated on or after 1st October of financial year, then LLP can close its first financial year either on the coming or next 31st March i.e. LLP files its first financial year details for 18 months.
Is it compulsory that CS must be appointed by LLP firm to file its ROC returns like Form 11 & 8, etc.?
Yes.
Dear Madam ,
I have a query that is there any limit on contribution regarding capital.
No limit.
We had incorporated a LLP on 28th February, 2018, what are the filings which have to be done on MCA as applicable to such LLP in the FY 17-8 and FY 18-19.
Thanking you
In case LLP has been incorporated on or after 1st October of financial year, then LLP can close its first financial year either on the coming or next 31st March i.e. LLP files its first financial year details for 18 months.
hello mam,
thanks for your valuable advises,
my LLP was incorporated in 1 january 2017, and the form 8 and 11 was filled in jan 2018 causing lots of additional fees.
although i have deposited the same , now i came to know that i had the option to file these forms consolidated for 15 months,
as the fees has been paid now, is there any process so that i can get it refund.
The Government has not yet provided this facility to obtain refund.
Hi Madam,
1. LLP was incorporated on 18.10.2016 in this
case of Form 11 start date of financial year
should be from 18.10.2016 to 31.03.2018 or
01.04.2017. to 31.03.2018.
2. in form 8 Financial Statement separate attached both year or single from 18.10.2016 to 31.03.2018
In form 11, the start dates should be from date of incorporation till end of first financial year. for form 8 also the same principal will follow.
Dear Mam,
In our llp one partner is owner of proprietary firm, not partner in any other LLP OR company. Please suggest whether we have to mention his details in form 11 or not. In attachment.
No need to disclose name of proprietorship firm in list,
No need to disclose in form 11.
My Firm incorporation 09/03/2017 but i have no filed Form 8 & Form 11 till date. but as per income tax Income Tax return filed 09/03/2017 to 31/03/2017 today 31/03/2018
So form 8 & 11 file April 2018 without penality or not.
Please gide me its urgent.
Please file form 8 and 11 asap.
my LLP was incorporated on 19.01.2016. No ROC i,e, form 11 and 8 filed so far. please inform total fee to be paid with late fee etc. if I file
the same before 31.07.2018
You can check the ROC fees on MCA portal – enquire fees.
Hi can you give me format of Statement of Accounts for closure of LLP. LLP formed with capital contribution of 5 lakhs but till date each partner had contributed only Rs. 25000 each.
You can use the same format which is used for closing of private limited company.
Hi Meenal,
our llp was incorporated in november 2014 and no business carried out till date. so for which financial years we need to do the annual filing
thanks,
Santosh
from FY 2016-17, 2017-18 annual filing is to be done.
Can we file a revised Form 8? Our LLP had to revise our Income tax return. Should the previously filed Form 8 be revised now? I
No. There is no way of submitting of revised form 8 of LLP.
Hello Madam..My CA forgot to submit the required forms to ROC..and he is telling me to bear all the penalty what should I do?
Yes, being designated partner of LLP, it is responsibility and liability of designated partners to do compliance and pay additional fees in case of default.
Respected Madam,
A LLP was incorporated on 08 nov. 2016 .
The form 11 has been filed nut form 8 is not yet filed.
Later on we came to know that we have option to file it in 2018 as well.
My que is I HAVE ALREADY FILED FORM 11 . NOW IS IT COMPULSORY FOR ME TO FILE FORM 8 AS WELL. NOW I WISH TO FILE IT IN 2018 . CAN I DO SO??
It is advisable to file form 8, because you have filed form 11 and selected the closure of financial year as 31.03.2017. In order to avoid future query from ROC, it is advisable to file it now.
Hi Mam,
My LLP incorporated in 28 April 2017.
I need to file form 8 and 11 in 2017 right
You can file form 8 and 11 after 31.03.2018.
Dear Ma’am
My LLP incorporated in 13/08/2017
So the due date for filling of LLP forms are as per:
Form 8 – 30/10/2018
Form 11 – 30/05/2018
Is it right??
Right.
Hello Mam, I have filed form 11 and 8 within the due date. however I have received a reminder mail from the MCA that penalty will be applicable if not filed within date. Can you please let me know how i can re confirm my submission of the forms?? I have uploaded the forms and paid the fees as well. Please help to confirm that forms are filed
Please check on MCA site through View Public document.
Dear Minal,
An LLP had two designated partners, One of them dies in the month of April 2017. A new partner is appointed. Now while filing form 11 for the year 2017 , details of the deceased partner should contain companies as on 31st March17 or as of today as pre-filled in the form?. If some DIR 12 are remaining to be filed in respect of the deceased, then what would be the position? Thanks
You will have to file form 3 first of all and update the details of new partner in place of partner who has died. Then I think form 11 will accept the naem of new partner.
good day madam,
My LLP was incorporated on 5th Oct 2017 with the help of an outsourced company. I am trying to fle the annual form 11 since last two months.
After verifying and prescrutiny and attaching the DSC of both the partners, the message shows there is no errors. But while uploading on MCA portal it says” DSC needs to be attached” .
I also checked the “View Signatory details “on the MCA portal and it says that one of the Partner’s DSC is not registered.
Madam can this be the cause why I am not able to upload form 11 ? .
Please suggest what can be done.
Thanks
Yes, Before filing form 11 of LLP, DSC of both partners must be registered on MCA portal. That is why error occurred.
I filled Form-8 and 11 last year. But, now while filing form-8, system is asking to file form-3, which consultant did not file at time of incorporation. penalty is approx 1 LAC.
pls suggest something if anyone have solution.
Partners have to file form 3 before filing form 8 and 11. MCA site recently posted this notification ” Stakeholders are advised to ensure that Form 3 (Information with regard to Limited Liability Partnership agreement and changes, if any, made therein) has been mandatorily filed for initial agreement before filing of Form 8 (Statement of Account & Solvency) and Form 11 (Annual Return of Limited Liability Partnership (LLP).”
Dear Mam,
I am trying to upload Form 11 from last 15 days on MCA site but while uploading it the error occurs “Please attach the DSC of Designated Partner”. Although there is No Pre-scrutiny error in form. Please help Mam.
Please raise the complaint on MCA portal because now a days there are some technical issues of LLP 11 form.
First of all please check if you upload the same form 11 with attached DSC. If yes then please download fresh form and upload the same. If still problem persists then raise the ticket with screen shot of uploading.
WhIch capital is to filled in form 11 and form 8 fixed or fluctuating.
Current capital contribution shall be filled in form 11 and 8.
Dear Meenal,
Geting!
Thanks for providing the informative idea about LLP, My LLP registered in Sep 2016, and i have allied form 11 before 31st May 2017, after online filling is any document need to send to ROC manually or by post.
please advice
Online filing of form 11 LLP is sufficient no need to file physical form.
list of companies and llp which partner is director or partner in form 11 detail is upto 31-3 or as on date of form
List of companies and LLP in form 11 and 8 as on date of form.
What would be the charge to file form 8 and 11? Please confirm.
ROC fees for Form 8 and 11 is depending upon amount of capital contribution. You can check this on MCA portal under calculate fees
we got our llp regsitered on 22-03-2016 and we have file the form 8 and form 11 , i am being told by by one of ca company that i need to pay 18550 fine for form 8 and 69650 for form 11 , Please help me here
Please refer this link – http://www.mca.gov.in/MinistryV2/llpefiling.html
FAQ of LLP Annual filing – It is clearly specified that in case LLP has been incorporated on or after 1st October of financial year, then LLP can close its first financial year either on the coming or next 31st March i.e. LLP files its first financial year details for 18 months.
In your case,since your LLP is incorporated on 22.03.2016, then you have option to file return either for Financial yead end 31.03.02016 or 31.03.2017.
Ma’am, When I run prescrutiny on form 11, its displaying an error digital sign doesn’t match the DPIN, however that is the right DSC for the right DPIN. Please suggest solution. Thanks
DSC of Partner might be renewed and hence it will different than the DSC which is already registered on MCA portal. Please update the new DSC on MCA and then attach to Form 11 and file it
hi mam, I am following your blog and its very helpful..i have registered my llp in Nov 2016..so can I file Form 8 and Form 11 after 18 month that is during 2018…is it mandatory to file form 8 this may 30th or nxt year since if we delay the penalty from MCA is quite high…looking to hear from you at the earliest
you can file form 8 and 11 after 18 months that is during 2018 or 2017 depending upon the business transactions.
cAN I HAVE THE FORMAT OF FORM 11 ATTACHEMENT [DETAILS OF LLP AND /OR COMPANY IN WHICH PARTNER/DESIGNATED PARTNERS ARE A DIRECTOR PARTNER]
You will get in form 11 itself at the end of the form.
Hi Meenal, Thanks for your help with all the info here!
My LLP was incorporated 01-10-2015 and haven’t done any business so far. My previous compliance guy from a consulting company told me filings are not necessary till March 2017. But now I got a new guy and he estimates my penalties for Form 8 as 68,000RS/- and Form 11 as 28000RS/-
I feel like I’m being given wrong info as your post here gives the same info as my first guy’s info. Can you please let me know if the penalties apply in my case?
Thanks!
If you refer LLP e-filing on MCA portal, http://mca.gov.in/MinistryV2/llpefiling.html.
it is mentioned that you can file forms in 2017.
Madam,
In case if we have not startted the business, still we have file form 11 and form 8.
but form 11, DP can digitally sign and not required to certify by any professional if turnover and capital is below the prescribed limit. Hope my understanding is right
Secondly, for form 8, eventhough transaction amount and capital amount i s below the limit, it needs to be additonal ceriftied by profiessional practicing member.
Hope my understanding is right. Please correct it.
Yes compliance of filing form 11 and form 8 is mandatory though LLP is not running business after incorporation. Form 11 is to be signed by two directors only.
Form 8 is to be signed by two directors and CS professional.
Hi,
My llp formed in jan 2015.I filed form 11 for year 2014-15 but not form 8.What should i do now?I did do any business till 3 months from formation of company.
Both forms 11 and 8 should be filed with ROC for each year.
Hello Sir/Mam
A Private Company converted into LLP and it got the status of LLP on 24/10/2016. So When we are trying to upload the AOC-4. The status representing that the Company has converted into LLP. Please clarify Whether We have to file LLP-8 or LLP-11 for in order to complete the Annual Compliance. But What about the penalty . Whether the System calculate penalty from the due dates of these above forms.
After conversion of Private ltd into LLP, you need to file LLP 11 and LLP 8. The system will calculate the penalty from date of event i.e. 31st March.
Hi maa’am,
I need to close my llp as the same is inoperative since inception & no business being carried, I filed Form 11 on time & then decided to close the llp as per prescribed manner.
My question is do i have to file form 8 (annual return) even if im winding up??
Right now if you cannot close balance sheet then you cannot file form 8 , then you can apply for closing. But after 01.04.2017 you need to file form 8 and then go for closing. This is my opinion.
Dear Mam,
Is there any options for avoiding Additional fees in Form 3.
Unfortunately It was omitted to file in 30 days time limit and now its Amounts to 1 Lakhs Rupees.
There is no way to avoid additional fees in form 3.
Hi Ms. Meenal,
First of all thanks a lot for such a informative blog as you created…!!!
Fact:
We have registered a LLP in the year 2012 but not filed any form towards annual filing. Now, our query is there were only two partners in the said LLP out of which one of the partner is no more and his DSC also not available/updated so what can be the possibilities to get these compliance’s done without DSC of deceased partner as you aware DSC’s of both the partner are must for filing of the Form 8 & 11.
Please advise on moving ahead.
Your prompt reply is anticipated.
Thanks a lot once again.
Thanks for your comment. Form 8 and form 11 requires DSC of both the partners. You can raise ticket in case one of the partner is no more and wait for the solution.
my llp was incorporated on 19.12.2013 we have filed the Form 11 & 8 for FY 2015-16 now do we need to file Form 11 & 8 for Fy 2013-14 & 2014-15 separately or can we merge the accounts of FY 13-14 for 4 month with 2014-15 and what is the penalty in any case
There is no possibility to merge forms for two years
Hello Ma’am, We incorporated a LLP in Dec 2012. Our CA expired while finalizing final steps of agreement and bank a/c etc. We never knew about annual filings for LLP, and have not filed any return till date. Company has done no business till date and need to close down the LLP. How much would the fine turn out to file for closure? Is there a way to file for exemption or waiver or discount for this amount?
LLP once formed, need to comply with regards to annual filing balance sheet, annual return. There is no provision to minimize the additional fees. So long as you delay the penalty will increase. So my advise to you is to comply asap.
I have Converted Pvt. Company into LLP on 17.08.2016.
Now how can i proceed with annual Filing for FY ended 31.03.2016.
Can i File the same in Form 8 & Form 11?
or if anything else pls guide
File Form 8 on or before 30.10.16.
one of the pvt ltd company has been converted to LLP on 28.03.2016.What are the forms required to be filed for annual filing?and what is the due date for it?Kindly reply its urgent.
File form LLP 11 before 30.05.16 and form 8 before 30.10.16.
Is there any prerequisite for CA to certified, getting error that ——-is not a valid membership/certificate of practice number.
He is my friend and completed and his registered associate year is 2015
I think CA has not registered his DSC on MCA . He needs to roll check his DSC as CA on MCA then this error will not occur.
Ma’am
Our LLP was incorporated on 13.08.2015. So what will be due date of filing Form 8 and Form11.
Form 8- 30.10.16 and form 11 30.05.16
Madam, LLP incorporation date is 02.01.17 what is the due date for annual filling of Form 8 & form 11? pls advice.. Thanks in advance
If LLP closes its first financial year as on 31.03.2017 then for form 11- due date will be 30.05 and for form 8 it will be 30.10
Dear Meenal,
I have got my organisation incorporated on 2nd October 2012 with a capital of Rs. One lakh. I have spent sufficient money on setting up the organisation like furniture, staff, websites like wise and left with Rs.50000.
I have not submitted any forms nor filed any IT Returns as there was no incomes and just expenses.
Now my Chartered Accountant says I will have to pay around 2 lacs considering the penalty of 100 and 200 respectively for form 11 and Form 8.
He also checked with the Company Secretary stating when an LLP is a limited Liability company how can the liability go beyond the capital of the company and the Company Secretary did not have any answer and just laughed.
I would seek your professional help in minimising the penalty and recourse I have given that I do not have any income from my company yet. Would be willing to pay your professional fees to file both Form 11 and Form 8 and IT Returns.
Regards,
Venugopal
Form 8 and 11 are annual compliance of LLP. LLP must file it every year. There is no solution or alternative, to file pending forms with additional fees.
Hi Meenal
I have a issue in filling form 11 as my partner is not in good terms with me and i am running this business and i am planing to register a new LLP and resign from the old one, so kindly suggest do i need to file form 11 what is the consequences if the form 11 is not filed and can i resign without filing form 11 Kindly assist.
Compliance shall be made by every LLP. You can resign but it can be possible when there are two partners to accept your resignation. Form will not be accepted if number of partners falls below minimum requirement of two.
when we prescrutiny form errer arrires membership number not valid
Please download latest form.
Hi. An LLP was incorporated on January 21, 2016. As per the Act, LLP incorporated after September can file returns in the next year. But the Books of Accounts of this LLP was closed in March 31, 2016.
So are we required to file the Annual Compliance this year or the next year?
You will have to file form 11 and form 8 in 2016.
if a private company converted into llp on 10/03/2016 .so is there any need to file any documents or eforms for the f.y. 2015-2016?
Form 11 On or before 30th May and Form 8 on or before 30th October,.
Dear mam,
In formation of LLP in which 6 Indian and 5 NRI is partner ,
2 Designated partner will be Indian ..
my query is
(1) Is consent sheet is Required only for Designated partner or By All ?
(2) Is Subscriber and consent sheet need to be Apostle by NRI ?
(3) On Deed , Can All the partner Sign on Last Page Only ?
(4) Is NRI ‘s Pan Number also required for LLP
(5) After Incorporation of LLP , Can Nri contribute from there NRO Account or
Is there is any other Compliance need to be fulfill for receiving contribution from NRI?
thanks
Consent sheet and subscriber sheet is to be signed by all designated partners.
In case of NRI, documents required for registration shall be notarised. I think PAN of NRI is mandatory. NRI can contribute from NRO account.
is there any prescribed format for preparation of Balance Sheet and Profit & Loss.
Further what is procedure to appoint the CA and filling of Form for appointment of CA.
Please refer format for preparation of Balance sheet – Part I of Schedule III and Profit and Loss account – Part II of Schedule III.
Refer Section 139 (Chapter X) of Companies Act 2013 for appointment of auditor.
LLP Form 11 required Rs.7150 fees as on 09/08/2016 as normal fees 50 and additional fees 7100. Is there any weaver (as per above your answer 1 month Waver) ….please guide me
LLP needs to pay additional fees and normal fees which you have seen on MCA site if there is delay in filing of form 11 LLP.
As the due date for filling of form 11 was extended upto 30th june 2016 so ason 09/08/2016 the delay is (31+9)= 40 days so there will be addition fee of Rs. 4000/- only.
If you could have file LLP form 11 before 30.06.2016 you could get the benefit of waiver of additional fees. If you have still not file Form 11 then it is not possible that you will get the benefit. you will have to pay the additional fees as on today.
Dear Sir / Madam,
Good Evening,
I got registered the LLP in January 2016. Business is null this year. I have not opened the Bank Account yet. even is also not applied.
Do I need to file the Returns with ROC. If yes, what is the latest date for return fillings.
with Regards,
Rohtash Singh
Yes
Dear meenal ,
we have formed llp in the year 2014 but we have not started business with this llp and also we have not opened bank account with this LLp name still i have to file the annual forms? and supposed fine? is there any simple way out? pls suggest?
Though there are no business transaction, LLP filing is must
Hi,
Our LLP is Incorporated on 21st March 2016 please Advice me which return i should submit and what will be due dates.
Form 11 – Annual return and Form 8- Balance sheet. Due dates 30.05.2017 for form 11, 30.10.2017 for form 8.
is it 30.05.2016 or 30.05.2017??
My LLP was incorporated on 16.02.2016 kindly please advice me
30.05.2017.
A Private company getting converted to LLP after 31.03.2016. do i need to file AOC-4 and MGT-7 for F.Y 2015-16?
OR
can i proceed towards conversion of Private company to LLP and attach the financials as on 31.03.2016 in LLP Form 18 along with statement of assets and liabilities.
You need to file LLP annual filing forms now.
NEED DIGITAL SIGNATURE EVERY YEAR IN LLP ANNUAL RETURN
DSC of two directors is required for annual filing of LLP
Is there any prescribed format regarding:
Attachment 1: Details of LLP and/or company in which partner/ designated partner is a director/ partner
Please check the help of Form 11.
Madam,
Our LLP was incorporated on 19.12.2014, kindly give us the detail of filing of form-8 & form-11. We have not filed any Annual Form (F-8 & 11) since incorporation.
My query is can we file the form for 31.03.2016?
Thank you.
LLP needs to file Form 11 on or before 30.05.2016 and Form 8 on or before 30.05.2016. Now the MCA has extended time of filing Form 11 till 30.06.2016 for the F.Y. 31.03.2016.
Thanks for the blog ma’am. Its very informative.
I just have one question.
Do we need to sign form 11 by both Designated Partners?
If ‘no’ then why am i getting an error stating “Please attach DSC for Designated Partner”. Even though i have signed it with signature of one DP.
I get the error while uploading*
You can raise ticket if it is technical error.
Form 11 is to be digitally signed by two DP.
Dear Meenal,
I am trying to fill out the LLP Form 11.
In the attachments section, it asks for the details of LLP and/ or company in which partner/designated partner are a director/partner. Our partner/designated partner doesn’t work for any other LLP/ a Company as director/partner apart from our LLP. Do we still need furnish their details in the attachment with our LLP details? And also could you please know us what other attachments are required?
And finally we are also facing an issue with DSC in the LLP form 11. when we click on the Signature box in the e form, it does not work or doesn’t popup the signatures option. Do you have any idea on how to fix this issue.
I really appreciate your response.
Thanks,
Rajesh
1. If the existing partners are not director of company then you will have to fill up “0” in the column of number of partners so that form 11 will not ask for list of directors to attach to the form.
2. please check you have pre requisite software laid down by MCA. If yes and still error persists, then raise ticket online and send screen shot of error.
or download fresh 11 form and fill up again.
Hi Maam
we formed a LLP in the year 2014 with sum total of 12000 and 2 designated partners. Now while filling the FORM 11 we are getting struck in Point number 8(d)
Total Contribution recieved by all the partners (in Rs)______________ .
What amount we should put here keeping the facts that LLP is defunct for last 2 years and did not carry out any business
Also contribution made by designated partners is NIL for last year.
sorry company is defunct for last one year and we are trying to fill returns for 2015-2016.
You need to file returns.
Hi Madam,
LLP was incorporated on 03 July 2015 in case of Form 11 Start Date of Financial should be from 03 July 2015 or 01 April 2015.
start date should be 03.07.2015.
Whatever contribution received from beginning is to be specified though there was no change in last year.
mam our llp was incorporated in january 2015 please kindly give us the detail for filing form 8 & form 11
Details about filing of form 8 and 11 are already provided on my blog. Please refer the same and file on time. The last date to file form 11 LLP is 30.05.2016 and form 8 LLP is 30.10.2016.
MY LLP INCORPORATED IN FEB-15 FILLING THIS YEAR FOR 18 MONTH IS THIS CORRECT OR NOT
Filing of Form 11 & Form 8 for F. Y. 2016.
Dear Meenal.
Our LLP was registered on 29-Feb-16.
I have noted the foll. due dates for filing returns etc.. without incurring any penalty.
1) Due date for filing of Form 11: 30-May-17
2) Due date for filing of Form 8: 30-Oct-17
3) Due date for filing of IT returns: 30-Jul-16
So are all of the due dates correct?
Thanks in advance.
Yes that’s right.
Thankyou madam…your replay made my day so happy..hope you will guide me some other queries…please share ur mail id..then i can contact you there
Thank you
Mam, I have a query . LLP is incorporated in December 2015 .Acs are closed in March 2016. So how come the due date for filing accounts would be 30.05.2017.
Form 11 – 30.05.17 and form 8 30.10.17
Dear Mam,
Thank you for sharing your valuable knowledge with us.
Your articles are awesome.
Please tell me that after incorporation of LLP, when it need to close its first financial year.
Thanks & Regards,
Swati Jain
Please read FAQs of LLP in http://www.mca.gov.in site. I don’t know the year of incorporation so cannot inform you the closing year.
We register company under LLP in april 2013 till today we havnt filed any form 11 or form 8 how much penalty we have to pay if we wanted to file form 11 and form 8? kindly advise.
Rs. 100 per day from the year for which filing had to be done till default continues
Can we pay dues penalty by using Credit card?
yes
Madam,
thanks a lot, I got information for filing of Form-8 from your blog. I surprised to see that in LLP Act no where given about filing time of Form-8.
thank u again
Thank you. You will find filing reference in LLP Rules
I am running an llp, with a turnover of around 20 lakhs..I am an engineer and want to add a salary of around 35k per month for myself..as I have left my job for buisiness. My partner is non working partner. Can I get a salary like an employee being an engineer- even if the company makes no profit?
Yes you can get salary from LLP.
We have formed a LLP on 12.02.2014, till date no transaction in the LLP, annual filing is also pending. We want to close LLP. Do we have to complete Annual filloing for March 2015? or is there any way by which we can close the LLP without doing annual filing?
Unfortunately, before closing LLP, you will have to pay normal fees and additional fees.
Hi Meenal,
WE have formed an LLP on August – 2012, till date we have not file annual return with Roc.
The company stayed under exemption rule and just operate for 6 months. its not operated since.
my question is if we want to dissolve and close the llp, are we liable to pay any penalty.
If no great! If yes, then which ones and how much, also any other alternative to it… thanks in advance
Before closing LLP, it has to do all required annual compliance such as filing of Form 11 and form 8 for pending years. The penalty will be Rs. 100 per day till the default continues. You can check fees on MCA portal http://www.llp.gov.in , please specify form, amount of capital contribution and date of event, it will show normal and additional fees.
Dear Madam,
We Preston projects -LLP Incorporated on 01/02/2015.But we are not filed Form 11 and form -8 for Financial year 2014-15. we closed accounts F.Y 2014-15. Unfortunately we have no idea closed Accounts F.Y 2014-15. what is the due date of our LLP for filing FORM -11 and Form 8.
Thanks in advance,
S.V.PRASAD RAJU,
HYDERABAD.
You can close first financial year as on 31.03.2016 and file e-form LLP-11 on or before 30.05.2016, Form 8 LLP on or before 30.10.2016.
Company register in September 2013 till date not file roc return.. What will be the fine amount
The Company shall be liable to pay normal fees plus six times of normal fees ( depending upon the amount of authorised capital).
My company was registered on 24th Dec 2014. Can we submit the From 8 & Form11 in Mar 2016 or are we liable for penalty?
yes
Dear Mam,
I have a query the a private company made an application for conversion itself into a LLP before 31.03.15 and the ROC issued a Certificate of Conversion on 11.05.15 that Company has converted in to LLP. Now for annual Filing whether Annual Filling will be done with Status of Company as before 31.03.15 it was having status of Company or the Annual Filing should be done with status of LLP.
Thanks!
I think you need to file annual forms as per LLP Rules now because it is converted from Pvt. to LLP.
Kindly intimate whether penalty of Rs. 100/- is payable separately for each form no. 11 and form no. 8. of a particular year and penalty is to be computed as i) Total Penalty = No. days delayed for form 11 x Rs. 100 per day + Do. of Days delayed for form no. 8 x Rs. 100 per day or ii) Total Penalty = No. of Days Delayed for single form only (form No. 11) X Rs. 100 per day. Kindly clarify how to calculate additional penalty payable by LLP u/s 69.
Yes additional fees of Rs. 100 is payable separately for each form no. 11 and form no. 8. of particular year. Total Penalty = No. of Days Delayed for single form only X Rs. 100 per day.
Hi meenal,
Is there any chances that ROC will waive or reduce penalty for non submittion of form 8 & 11 in near future?
Dear All,
I wanted to know that we have not filled Form 11 for LLP for FY 2014-15. Is there any way that Penalty Rs.100/- day can be waived off.
Thanks,
Renu
No. If LLP form 11 or 8 not filed before due date, there is penalty of Rs. 100 per day till default continues. It is advisable to pay it asap.
Hi Ms Abhyankar,
You are doing a wonderful job of information dissemination and spreading knowledge.
My own query pertains to the following scenario:
1) LLP incorporated on 26.08.13 with 50,000/- capitalization and 2 partners with 50% share each
2) PAN and TAN nos. also taken
3) No other statutory no. taken, nor any bank account obtained
4) No transaction done in LLP till date and change in partnership till date
5) NO filings have been done till date
6) Basis discussions with CAs, following are the dues as on 26.11.15:
6a) under Form 8 penal dues are 39,100 and 2,600 respectively for AY14-15 and AY15-16 plus 50/- per filing as RoC charges)
6b) Under Form 11 penal dues are 30,000/- for both the AYs (plus 450/- per filing as RoC charges)
Basis the above, following are the queries:
1) Are any other statutory obligations due (for the TAN, etc.)
2) How are charges under Form 11 calculated (It seems to be flat/capped)?
3) As per one of your earlier responses, seems that Form 11 penal dues can be avoided by closing/winding the LLP? If true, what are the steps?
Thanks in Advance.
TAN is required. Form 11 is to be filed on or before 30.05 every year and form 8 before 30.10 every year. The normal fees would depend upon the amount of LLP contribution. There will be Rs. 100 per day penalty till delay continues. Before closing LLP, pending annual filing is to be completed.
mam we are filing form 11 for the LLP but while doing prescrutiny there is an error that an open form 4 exists for the LLP. How to solve the same problem
Please raise ticket and solution will be provided by Government. I think this is technical error.
Dear Mam,
I have received a notice from the RoC regarding non filing of form 8 of LLP for 2 years and form 11 of LLP for 1 years. After receiving the notice I have filed form 8 for both the years and paid the additional fees on both the forms. Form 11 was already filed by me. Do I need to reply to the notice received as in the notice explanation is asked why prosecution u/s 34 & 35 should not be taken. If reply is to be given what should be the suitabe reply or what reason should be given for non-filing of forms?
If LLP has done pending compliance of annual filing, then you can reply that LLP has complied with regards to annual filing and no pending compliance is left. You can attach copy of LLP -8 and LLP-11 form along with receipts (i.e. challan) and visit ROC to get acknowledgment.
Dear Madam,
We have incorporated a LLP on 30-07-2012 and we have not filed any annual compliance forms till date. We have received a notice from ROC to file forms for 2 years. But our CA told that we will need to pay approx 2.5 lacs towards additional fees. So, madam can you please suggest, if there is any way to avoid such huge amount of additional fees?
Actually there is no way to avoid penalties. You will have to pay the fees as per notice sent by ROC.
Hi ma’am
Can compounding be done in this case for non filing of form 8 and form 11?
As per my opinion it cannot be done, but it can be done depending upon facts of each case.
Hi,
Our LLP was incorporated on 2.3.2012 , we have not filed any form and and form 11 for 2013,2014, but form 8 and 11 for 2015 have been filed.
Is there any hope of waiver scheme being announced by MCA as for Companies. kindly suggest should we wait for any such scheme.
As on today there is no waiver scheme launched by MCA. It would be advisable to pay additional fees for pending forms with ROC asap.
Form8 upload is not working. The error message is that my auditor’s CA’s membership number does not exist. The MCA site has a setup for Professionals to register their DSC. This however is not working at the stage of select Signature.
Has the MCA made it mandatory for all CA/Auditors to register their DSC now?
Every professional (CA/CS/CWA) is required to register his/ her DSC on MCA portal because he/she is certifying the e-form while attaching his/her DSC to particular forms. Usually we do’t face any problem for uploading forms on MCA portal if DSC is registered on MCA portal. Now, eventhough it is registered as professional, you may face pre scrutiny error that ” DSC with such…membership number is not registered on MCA” . I think this is the technical problem or issue of site. In that case you can raise ticket and problem can be solved within 3-4 days. So first of all check whether your DSC is registered i.e. roll check on MCA portal . If yes, and there is problem, kindly raise ticket and send screen shot of error and form to which DSC is attached to MCA helpdesk.
Hello Mam,
You have shared a very nicely written and informative information above. Appreciate your efforts towards profession.
Stay Blessed..
Best Regards
Thank you for comment.
Madam,
We have incorporated our LLP on June-2015.
1. Our contribution / income doesn’t exceed 25L/40L , so no need to appoint auditor for our LLP.
2. Regarding filing annual return , we have to close financial year by Mar-2016 and file Form-8 by Oct-2016. Please correct me if i am wrong.
Assume our total contribution on LLP is 10K.
3. Is it means that our expenses has to be within this amount?
4. Is it mandatory to have bank account for our LLP?
5. Expenses (ex. salary for our employee) on our LLP should be through this bank account?
Thanks in Advance.
1. No need to appoint auditor but balance sheet, profit / loss account shall be prepared by CA.
2. Yes you can close first FY on Mar 2016.
3. bank account must be in name of LLP
4. expenses shall be made through bank account.
Dear Madam,
we incorporated the llp in Aug2012 and since then we could not start any business operations.In may 2015 we started some business operations.we have not filled any form since incorporaton. Do we need to file form 8 & 11 for three financial years i.e. since incorporation or we can file the form 24 to defunct the llp.
yes
Madam,
Only Fixed Capital contribution of 1 lacs is mentioned by my CA in form 11. While filing form 8 , how we will show current capital in balance sheet of form 8.
you will have to specify the figure under others of form 8
We filed Form-11 on time. But recently we noticed that our CS mentioned capital contribution in point no. 8(d). as 15,00,000/- even when no capital was introduced during the year by partners. Now, we want to correct the same before finalisation of accounts. Is there any way to correct the same? Please help.
Form 11 cannot be revised because there is no way to file it again.
Dear Mam,
We are in the process of conversion of a private company into an LLP in the middle of the year. Kindly clarify whether the annual filing is required to be done for both the entities? Whether there would be any cut off date for annual filing?
Form 8 to be filed on or before 30.10 of every year and form 11 on or before 30.05 every year after closing of particular financial year.
1. if the LLP is not covered under MSME Act what attachment it has to put in form 8, also if any format is available for declaring that they dont come under MSME
2. also is Profit and Loss and Balance sheet required to be attched with form 8
thanks
vivek
coins.n.currency@gmail.com
Simply give declaration to ROC that MSME is not applicable to LLP. It is good practice to attach signed profit or loss account to Form 8 of LLP.
if a pvt co. is converted into llp on 19/02/2015 then is it necessary to file form 11 for the F Y 2014-2015 please reply asap
no
I have converted two public companies into LLP. The incorporation date of LLP’s is 13.08.2015.
Am I supposed to file annual return?
If so, Is it under Companies act or LLp Act?
Please provide us brief explanation on the above matter at the earliest possible
you need to file annual return as per LLP Act.
Dear Madam,
Is it mandatory to file Form 4 on incorporation of LLP?
no
I have incorporated an llp in 25.10.2011 but now want to close it.
Do i need to pay the penalities in case I have not filed the form 8 and form11.
Is there any provision for lates fees waiver.
Can I file the return for 31.03.2015 without filing previous year return.
Before closing LLP the LLP has to comply all pending annual filing.
Dear Sir/ Madam,
My LLP Incorporated on 22/11/2013. For Filing Form 11 & Form 8 i guess the due date will be 30/05/2015 & 30/10/2015 respectively.
with 18moths grace period.
My query is in form – 8. while preparing Form-8, whether we have to prepare BS & PL from 22/11/2013 to 31/03/2015 or (FY 13-14 & 14-15) Kindly help me.
you will have to close FY for 31.03.15 for the period 22.11.2013 to 31.03.15.
Hi Mam, I registered my LLP in December 2013. Can you tell me when do i need to file returns (form 8 & 11) with mca and with income tax ?
LLP form 11 is to be filed every 30th May and 8 every 30th October of each financial year.
Ma’am, can you please tell me if there is any link to find the penalty status or the fine to be filled for not filing any form for LLP. And do we get any notification or letter or mail from the roc or MCA when we are approaching the deadline for filling the form 8 and 11. Since i haven’t got anything of that sort and it is showing no charges when i checked the masterdata of the LLP on the site! Please guide. Thankyou
you can check the status of annual filing on LLP master data.
Me and my partner incorporated a company on 11th feb, 2014. But because of some issues we couldn’t start with the business, there was no business at all. The only thing which we did during incorporation was got the DIN no for both of us, and incorporated the company. And then no PAN, no TIN, no bank account nothing. Even we didn’t collect the incorporation documents from our CA as we were out of town and there were some prevailing issues. There was no contact from our CA as well. We just received the incorporation certificate through email. no further details or even any mail regarding the filings from MCA. Since then we have not filed any of the eform. since now i was looking for the procedure to shut down the LLP i happened to come across this article of yours. and after reading this i am quite worried now. do i need to pay any penalty?? Plz help me way out of this. Thank you
If you have not closed financial year end on 31.03.2014, then you will have to close it on 31.03.2015 and then file form 11 and 8 for 2015. Then there won’t be huge amount to be paid for form 11. you can submit form 8 on or before 30.10.2015.
Dear Madam,
What are the section nos. we need to input in Form-11 Point No.13 (i) & (ii), for late filing penalty @ Rs.100/- per day.
Is there also penalty on the designated partners @ Rs.25k minimum in addition to the above per day penalty, and is it per partner ?
There is no need to specify penalty in Point No. 13(i) and (ii), because while uploading form 11 you will come to know the amount of penalty. It is applicable for the form itself and it is not per partner.
Madam
we have set up a llp….now we want to close it down ..whats the appropriate procedure of closure of llp so that we dont have to file form 8 and form 11 for financial year 2015-16…is there any time limit for closure
If you want to close LLP, file e-form 24 LLP with ROC along with affidavit, indemnity bond, statement from auditor. As per my knowledge, you need to pay penalty as well.
We formed a LLP on 17th Jan 2012, but till date we have filed any forms. We have received notice from ROC for non filing of form 11 & form 8.
We haven’t carried out any business and the LLP is completely inactive. We are also financially not strong enough to pay the penalty.
Please suggest what can be done.
Thanks!!
Do as per letter received from ROC.
Mam, I have a query. there is a LLP which has nt yet filed form 11 and one of the partners of the llp wants to resign. And a new partner is to be admitted with effect from a current date, so can I affix his DSC on Form 11 to be filed for 31.03.2015 by giving details of old partners in the form
If old partner is already resigned then you can use old partner’s signature on form 11 currently.
Hello Mennal ma’am,
I’ve a query, We formed LLP in may 2011, Later in next year we did not file form 11(till 31 may 2012) then I resigned on 20th July and the same was communicated to registar within 30 days, at the same time we filled form 3, 4 regarding changes in LLP, Later we also modified agreement between remaining two partners. Then they didn’t file Form 8 as till 30 Oct 2012, rather they didn’t file anything for next financial years. Now they’ve got huge penalty and asking me to pay 1/3 of said amount. I just want to know whether i’m liable to pay when i’m no more partner of LLP?
The resigned director would be liable to pay penalty for form 11 which was not filed before 31.05.2012 because before 30.05.2012, the director was not resigned.
Dear Ma’am
We have started an LLP in Aug’10. There was little business in the beginning and stopped its operations within that financial year. We have filed Form 8 & Form 11 within due date for F.Y 2010-11. There was no operation subsequently and we have not filed Form 8 & 11 for any of the subsequent years. The filing fee along with additional fee for Form 8 & 11 for all the subsequent years amounts to around Rs. 4 lakhs. The capital contribution of LLP was only 20,000/-. We have heard that there is a procedure to file an affidavit with minimal fee to avoid the penalty since the LLP is due to closure. Is this true? Or should we have to pay the penalty amount before closing the LLP? Advise us if there are any other remedies to avoid the penalty
Regards,
Ashok
I think you need to comply pending annual filing and then apply for closing of LLP.
Hi,
We had started an LLP in September 2013, and haven’t done any business till date. However, we forgot to file both form8 and form11 for financial year 2013-2014. Now we are attracting a heavy fine and have received a notice from the ROC.
Is there any way through which we can get the fine waived or reduced?
Thanks!
Since LLP failed to file form 8 and 11 before due date, there is no alternative to avoid penalty. I would advise you to file it with penalty asap.
is their any compounding option, our llp had not filed the form 8 and 11 since 2011 the penalty is 2,00,000… so suggest if any option is available to avoid the penalty
Yes there is compounding option, Please refer CHAPTER-XVIII, COMPOUNDING OF OFFENCES from LLP Rules.
Dear Meenal,
Thank you for such an informative article. My LLP was incorporated in Nov 2011, but I have not filed any form 8 or 11 till date. I have not done any business activities in the LLP as I could not find any opportunity. Now I want to close the LLP. I am financially broke at the moment and the penalty can easily be in lakhs.
Is it possible to close the LLP without filing form 8 and 11 when the LLP has not done any business? Thanks.
I think you need to file form 8 and 11 before closing. Please take advise from Registrar whether you can close it without filing form 8 and 11. Because as per my knowledge, the ROC may ask you to pay penalty and then apply for closing.
Madam
While filling form 11 attachments to the form are given.Is it mandaory to give the attachments.
In the instructions provide by mca to fill form 11 it has stated that it is mandatory to attach details of llp and/or company in which partner/designated partner are a director/partner .
Madam can u explain this point to me as soon as possible
regards
ABHIJEET SINGH
Sorry for delayed reply. If the partners are director of private limited or public limited companies, then details of companies in which partners are directors shall be attached to form 11. These details you can find out after log in to MCA site< Details of companies in which directors are also directors or partners.
Dear Madam,
Your blog is very informative. Appreciate your good work.
We registered our LLP in November 2011 and as required we filed Form-11 in May 2013, but we forgot to file Form-8 in October 2013. In 2014 we filed both form11 as well as form8 in May and October respectively.
Is it now necessary to file Form-8 that was missed in October 2013? Total penalty shown in the online system is Rs.60,000/-. Is there a way to take this upto the MCA?
you will have to file form 8 for FY 2013.
Thanks for your quick response. We will have to file the Form-8 for FY13 with the penalty till today?
The online system is calculating the penalty till today.
Yes, the penalty will be of that date till the default continues.
Hi Mam,
The certification area in form 11 mentions on Company Secretary in practise. Whether CA’s can also certify form 11?
CA cannot certify form 11 of LLP. This is to be certified by CS in practice only.
If company is converted in LLP after 30th September, then for which Financial Year LLP have to file Form 8 & Form 11 same Financial Year or Next?
LLP has to file form 8 and 11 for the financial year in which is is converted. ie. for the same financial year. If it is converted after closing of financial year then filing falls in next financial year.
Ma’am,
If there are two designated partners in any LLP and both DP has directorship in other companies also, then in attachment in form 11, details of both the partners would be attached or detail of any one designated partner is enough?
Details of both partners need to be attached to form 11.
Mam
I want to file Form 11 for the F-Year 2014-15, Annual turnover of our LLP is below 5 crore, Is it require to have DSC for two partners, Pls reply me
Yes DSC of two partners is required.
What is the meaning of total contribution received by all the partners of LLP.
Is it total contribution made by partner in LLP firm?
It means deposited in LLP bank account.
Madam
I Want to know due date of filing form -8 and form-11 for llp for financial year 2014-15.
Also i want to know whether a chartered accountant or company secretary who among two can digitally sign and certify form -11
also i want to know whether form -11 and form -8 of a llp registered in bangalore can be certified by chartered accountant or company secretary in new delhi.
Regards
Abhijeet singh
For Financial year 2014-2015, due date for filing form 8 of LLP is 30.10.2015 and form 11 is 30.05.2015.
CS/CA can sign and certify e-forms.
Depending upon individual practice, certification can be done.
Madam,
In filing form11, it asks for Number of LLP in which he/she is a partner. So if a person is a Designated partner in only on LLP for which this form 11 is being filed. What will be mentioned in that column-1 or 0
If designated partner is not a director or partner in other entity, then you will have to specify only 0.
While filling form 11, on clicking Form 11 we get an error “The details of Designated partners are not prefilled”
Our company was registered on Feb’2014, and we have only two designated partners and not migrated LLP
You can raise compliant online to LLP, either it may be the technical issue. Your problem will be resolved within 2 days
Dear Madam,
We have incorporated LLP on 12-03-2014, so when do we need to file Form 8 and Form 11 for the financial year 2013-14?
If LLP was incorporated on 12.03.2014 then, form 8 and form 11 shall be filed for Financial year 2015.
My LLP has been incorporated on 11/11/2013. While filling form 11, Designated Partner details are not filling. It is asking to migrate Partner’s detail. Please resolve
yes please migrate partner’s details on LLP site first of all, and then file form 11
We have incorporated an LLP on 10th March 2015. Do we have to file annual return for FY 2014-2015 in May 2015?
No. You can file Form 11, 8 in the F.y. 2016.
Thanks, very useful post. I had similar question. As I have incorporated LLP in Feb 2015, I can submit Form 11, 8 in May 2016, right ? Also do I have to file income tax return for LLP by Jul 2015 or I can do that in Jul 2016 ?
Appreciate your help 🙂
If your LLP is incorporated in February 2015, you can file form 8 and 11 in the year 2016 provided you have not filed any income tax return for the year end 31.03.2015.
hello madam
llp formed in the month of january 2014 and LLP Co not opened the bank account and now they want to close the company so annual filling is compulsory for both the FY 2013-2014 and 2014-2015 or filling the closing form is sufficient
Annual filing is compulsory eventhough LLP has not done any transactions during the year after incorporation.
i came to know that filling required after 18 month of incorporation, so they can file first form in the month of may without late filling fees
As per New Companies Act 2013, AGM to be held within 9 months form close of first financial year.
What is normal fee & additional fee for filing Form 8 & Form 11?
Normal fees would be either Rs. 50/100/200 depending upon the amount of total contribution of LLP. Additional fees would be Rs. 100 per day till default continues irrespective of amount of total contribution of LLP.
LLP was incorporated on 18/04/2014 and its not functional till March 2015 and no transaction done in our Bank account.
So do we need to submit form 11 for 2014-2015? Please let me know the last date to submit the form 11 if required.
Yes even though LLP was incorporated on 18.04.2014 and not functional till March 2015, LLP shall be required to file e-form 11 before 30.05.2015. It is annual compliance.
Madam,
I have registered a LLP company on July 2014. Due to some personal issues, it was not functional till Mar 2015. We started looking for resource now.
My query is Do I need to return annual filing for 2014-2015? If so, when is the last date to submit the same?
Thanks,
Kumar
Sorry for late reply, please submit Form 11 for annual return and form 8 for balance sheet of LLP with ROC every year.
Should LLP file form 11 if it is incoporated in the month of may.
Is LLP formed on May 2014, form 11 to be filed in 2015.
Dear Madam
Due to ignorance,filed the Form 3 & Form 4 of LLP is wrongly, means date is mistake. Is any option to get refund of excess paid?
Please consider this as an high priority.
Thanking You
Shijin S S
No
my co. is registered on 21/03/2012 with Pvt. Ltd. after that july i hv take cc limit 3 lac & till date no any filling with ROC form 8. kindly confirm what is penalty & how calculate basis of late filling form 8 immediate write both year
Now you have to check online about fees and additional fees. It is Rs. 100 per day penalty till the default continues.
Dear madam,
Its a very use blog for us budding professionals, thank you.
my query is, If form 11 is not filed for past two years i.e 2012-13 and 2013-14, if we want to file the same now with applicable penalty, in the attachment containing the details of companies in which designated partners are directors, we should give the list of companies they are directors as of now i.e the date of filing of forms or as at the year end for which the form pertains i.e 31/03/2013 and 31/03/2014 in our case.
thank you in advance.
I think the list of companies in which they are directors shall be provided as at the year end for which the form pertains i.e. 31.03.2013 and 31.03.2014.
I think the list of companies in which they are directors shall be provided as at the year end for which the form pertains i.e. 31.03.2013 and 31.03.2014.
Dear Meenal,
Me and my wife started a LLP October, 2012. Post that we travelled abroad and had not filed either Form 11 or Form 8. the total due has come to Rs.129000 as of now.
We have started the LLP with the capital of 1 lac and left with around 50000 after all the expenses of website, logo design.
we need your advise on the following :
1. since the penalty is more than our capital, what do you advise.
2. In case if we liquidate, can we start the organisation again with the same name
3. Our CA says LLP is bad and to go for PVT ltd. Your advise.
First of all the LLP cannot be closed unless all pending annual filing is completed. Secondly, the LLP cannot be converted into Pvt. ltd ( there is no provision of conversion from LLP to Pvt. ltd under LLP Rules and Act.)
Dear Madam,
I have following doubts.
We have started our LLP in the month of November 2013. But till Febuary’15 we have not submitted form 8 and form 11. Now we want to close the LLP. Now if today i submit my Form 11 and 8 then i have to pay Rs. 100 penalty for each delayed day. Which comes to around Rs. 11,600 for form 11 only. Is there any way for it?
There is no way. The provision of filing fees is decided by the Government, hence LLP needs to follow the compliance.
LLP was incorporated on 29/01/2013 , so can we close its accounts by 31.03.2015 and file form 8 & 11 accordingly? If , no then when.
Thanks you in advance
If LLP formed on 29.01.2013 then, account shall be closed by 31.03.2014.
First of all let me thanks you for this helpful website. Since I am new to LLP, your website guided me in many cases.
My LLP is incorporated on 28/01/2015. Now I have applied for PAN and Bank Account for my LLP which is still under process.
So will I have to submit Form 8 & 11 this year or can be filed next year (i.e. 14 months). Please suggest.
Thanks.
It can be filed next year
Ma’am
I have read many of the comments but still seems to be confused.
I had opened a LLP firm on 7th April 2011 but have not filled anything till date. Also financially I’m totally broken. Please suggest what can be done?
If after formation of LLP you have not filed anything then you can apply for closing of LLP.
Hi Madam,
We have a similar case and we opened our LLP on 17th Jan 2012 but havent filed anything so far. We have received notice for non filing of form 8 and 11 but we are financially broken and cannot pay the heavy penalty.
Please suggest any alternate way to close the LLP.
Thanks!!
Since you have got notice from ROC, you will be required to give reply to that notice and visit ROC office once for explaining your situation. As per ROC please comply the provisions.
IF PVT CO. IS CONVERTED INTO LLP IN MIDDLE OF THE YEAR THEN RETURN FILING IS MANDATORY OR NOT FOR THAT PVT CO. IN MIDDLE OF THE YEAR?
After changing the structure of Pvt. Ltd into LLP, LLP shall be required to file Balance sheet, annual return with Registrar of companies.
DEAR MAM,
Can you please send me format of attachments to be filled with form 24 for LLP closure.
LLP’s assets and liabilities are nil.
no activity carried out by LLP
please mail if possible
arun.rana01@gmail.com
Thanku in advance
there is no format as such provided under LLP Act or Rule for documents to be attached to Form 24 for LLP closure. But you can refer the documents which are normally filed for striking off Limited company’s name from the Registrar.
Dear Mam,
As u said that rs.100/- will be payable per day for non filing of form8 and form11 for llps annual filing. if a llp is formed in the FY09-10 and not filed till now then?? rs.100 is for one form of one financial year till now?? and so on or calculated for commonly for all forms till now??
Rs. 100 is penalty per day till the default continues. If you have not filed form 8 and 11 after FY 09-10, then till you file these two forms, the default will continue.
Madam,
our LLP was incorporated on Jan 2014. We filed Form 11 for the year ended 31/03/2014.
However we want to close account next year .i.e 31/03/2015.
Wan we do so ? Will there be any penalty? pls confirm
Can you please clarify me your query? it is confusing.
Hello Meenal,
Your blog site is very helpful.
I incorporated a LLP on 17 Oct 2012 with my wife with just 10k as paid up capital.
We moved to US immediately in next 2 months and did not do anything with the LLP.
I requested my CA to close the LLP now and he informed me the Rs 100 late pay is running into 90,000 INR with penalty and a very nominal fee by the CA.
From which date would I have to pay the penalty to government ? Apr 01, 2013 ? The approx 90K late fee does not look correct to me – i wanted to know the effective date from which the penalty would be applicable to me and then I can calculate the actual penalty fee to ROC.
Please help. Thanks.
The effective date would be from 01.04.2013
Hello Madam!
We have set up an LLP in December 2013 with a Capital Contribution of Rs. 1 lakh. The 1st financial year was closed on 31-Mar-2014, the accounts were audited (due to turnover) and Form 11 filed before 30-May-2014.
As on 31-Mar-2014, the ‘Contribution Received’ from the Partners was NIL as no capital was called from them.
1. Is it a non-compliance to have NIL ‘Contribution Received’ on 31-Mar-2014?
2. The Form 8 does not accept Zero ‘Contribution Received’ whereas the Form 11 accepts Zero as contribution received. What should be done in this case?
3. How can we file Form 8 as it does not accept zero in contribution received cell?
Request you help.
Thanks!
Whatever would be capital contribution, it shall be deposited in LLP bank account before 31st March. It shall not be zero otherwise it will be non compliance.
Dear Meenal,
Our LLP was registered on 5/12/13 and we have already filed form 11, but now when I was checking the FAQ’s of LLP on MCA Portal I found that LLP registered after 01/10/13 can file the returns with ROC by 2015.
I would like to know whether it is optional for me to file form 8 though I have filed form 11 for this new LLP registered after 01/10/14
Actually it would depend upon the finalisation of account of particular financial year. if you have closed it on 31.03.2014 then filing of form 8 is necessary otherwise not.
If any LLP is formed on 1st Nov 11, and they had not filed Form 8 & Form 11, however they had prepared the books on fy ending march basis for all three year till date as per I.tax. So can they avail the option of filing form 8 for the period ending for 18 months i.e can they file their first form 8 for the year ending 31st march 2013.
After end of financial year every LLP shall file annual return on or before 30th May and statement of account on or before 30th October.
1. I want to know what are the annexures required to be uploaded in Form 8 & 11 for annual returns of LLP
2. My client has not filed annual returns for FY 12-13, can we file the annual returns for FY 13-14 before filing annual returns for FY 12-13 in order to avoid late fees charges
For filing Form 11 of LLP, there is no mandatory attachment. For filing form 8, MSME is compulsory attachment. The LLP shall be required to file annual return and balance sheet for both years.
Madam,
Our LLP was incorporated Jan 2014.
We have already filed the Form 11. However we want to file Form 8 next year and close the accounts for 15 months.
Can we do so ?
IF LLP has not closed accounts in 2014, then can file form 8 in 2015
Dear Madam,
We have a LLP and we have already filed Form11. For filing form 8 it is showing that CA or Company sectretary dsc is mandatory. As we are only submitting only NIL return, please let me know whether it is mandatory to get CA or CS dsc on that.
Please let us know how to get the dsc of CA or CS and what is the charge for obtaining a dsc.
YES, for filing form 8 of LLP, along with DSC of designated partners, the DSC of practising CS is compulsory. Kindly ask any local CS within your jurisdiction to get that form signed by him.
Dear mam,
What would be the treatment of formation expenses of LLP
You please call me.
Hi
What is Filing fees for Form 23AC & 23ACA. If any Delay in filing what is penal consequences for the same. please tell me.
the filing fees for form 23AC is depending upon the Amount of authorised capital. Please refer fee structure of Company Act 2013. There is no fee applicable to form 23ACA because this form is to be filed along with form 23AC
For form 8 and form 11, balance sheet, profit and loss account need not be attached.
HI, mam
we have a company which ha no specific buisness other than interest income. To avoid unneccesary compliances we are thinking to convert it into a dormant co. or a llp…
can you please guide as to what will be better. Specially if we consider the yearly expenses and compliances on conversion..
please do guide regarding this..
please call me.
To fill form 11 how many director’s Digital Signature is required? is 1 sufficient?
For filing form 11 of LLP, digital signature of two directors shall be required.
Dear Madam,
This is a LLP formed on 30/12/2013 as a result of conversion from a Pvt Ltd Co in ROC Chennai. Form 11 was duly filed by deadline. Accounts for the PE 31/03/2014 has been finalised and will be filed tomorrow. Have prepared Form 8 for filing. Looks like MSME declaration is mandatory attachment. Should P&L and Balance Sheet also be attached ? There is a check box on page 1 reg this. Thanks in advance.
Form 8 to be filed before 30th October. only MSME declaration is to be attached to form 8. no need to attach balance sheet, but it is good practice to attach balance sheet and P & L to form 8.
Dear Madam,
I need to file the Form 8 for LLP. I want to know who should sign the attachment of Disclosure under Micro, Small & Medium Enterprises Development Act 2006. Whether it should be signed by the Designated Partners, if so, is it sufficient for one partner to sign it or atleast two partners. And if the LLP is getting its accounts audited whether it needs to be signed by the Auditor?
Thanks
Disclosure under Micro Small and Medium Enterprises Development Act 2006 should be signed by two designated partners of LLP
Dear mam,
We have a company which was incorporated in july 2014. We want to convert it to LLP. but whie applying name on MCA a error message says this action cannot be allowed iif the company has not filed any balance sheet and annual return. but if the company is not even one year old how can we file balance sheet and annual return for the same?
if you wish to convert Pvt. Ltd into LLP, you need to complete one year and then go for conversion.
DEAR MAM
Pls give details
A llp formed in Jan 2014 with 2 Designated Partners, and form 3 not filed till date and want to change the replace 1 Designated Partner
So pls is it required to file form 3 first ?
and
Another form 3 with Form 4 for appt and cessation of one D Partner?
OR
There is another way to do that?
Please solve the issue
Thanks
Sachin
After incorporation of LLP, form 3 along with LLP agreement to be filed within 30 days from the date of incorporation. If not filed earlier then now it has to be filed with additional fees (LLP agreement to be signed by previous partners) and then supplementary agreement to be filed for change in partners by filing form 3 and 4 with the Registrar.
Hello Mam,
A LLP was registered on 19-01-2010 and it has filed form – 2 on 19-01-2010 and form – 11 on 15-02-2012 and form – 8 on 24-01-2012 but does not filed any form thereafter, can you tell me whether form 8 and form 11 need to filed for FY 2011-12, 2012-13 & 2013-14 with the prescribed fees along with late fees of Rs. 100 per day. Whether late fees of Rs. 100 is per form or what? and also there was change in agreement, do we need to file form 4 or form 3 for that? please reply
Every year form 11 of LLP to be filed on or before 30th may from the closing of each financial year and form 8 (LLP) on or before 30th October after closing of financial year.
Hi,
I just came acorss your blog online and like to know about Form 8 filing for my LLP. LLP was registered in Nov 2010 and since then form 8 was not submitted by our auditor and just came to know about that. He was not aware of it till I just came to know ask about that. We have not made any business so far and its just a nill balance. Do you think its mandatory to file form 8 and will there be any fine for it?
If so I would like to close this LLP since nothing was done since its started. Please let me know how much will it cost to close it or can I just leave it as it is? will there be any legal issues?
Please advise.
Thanks,
Yes it is mandatory to file e-form 8 of LLP with concenered ROC on or before 30th October every year, though the balance sheet nil balance. This compliance should be made as per LLP Act and LLP Rules. Don’t leave it as it is , either close it by making application by filing form 24 with ROC.
Dear Meenalji
We registered our LLP on Nov-2013. but we did no business nor we applied for shop act licencee, PAN and opened bank account.
What should we do forward!
And are we need to file ROC return?
are we need to file LLP zero return?
Are we ned any penalties at this time?
plz guide us
thanks & regards
Dev Bose
If the LLP was incorporated on Nov 2013, the LLP should file Form 11 (Annual Return) with ROC before 30.05 every year and Form 8( Statement of Accountants) on or before 30th October every year. If you have not yet filed Form 11 then please file it as early as possible to avoid further delay. Because as per the LLP Act, the penalty is Rs. 100 per day till the default continues. Please check the normal fees which is based upon amount of capital contribution of LLP and additional fees on http://www.llp.gov.in site and calculate fees.
If it is incorporated on Nov, 2013, then I think they can file Form11 by 30 May 2015 and Form 8 by 30 October 2015.
I think only LLPs incorporated after 30 September 2013 will have this option.
Please correct me if I am wrong.
If LLP formed on Nov 2013, file form 8 before 30.10.2014 and form 11 before 30.03.2014.
Hello Madam,
Our LLP was registered on 11 Nov 2013. When is the last date for filing Form 8 and Form 11?
Can these be submitted in the year 2014-15? Thanks.
The last date to file form 8 is 30th October and 11 is 30th every year. You have to submit it in the year 2014.
Hi Mam,
please tell me whether i have to close accounts and file form 8 and 11 ,of LLP incorporated on 3 Feb 2014 and yet it has not filed Form 3. also let me know what will be the late fee for filing form3.
Please visit llp.gov.in site to know the fees for filing form 3 (the filing fees will depend upon the amount of capital contribution).
Hi, We registered our LLP firm on 04/04/13. When is the last date of filing Form11 and Form8.
We did not do business more than 10 lakhs. Do we need to undergo audit?
If not, then when is the last date for filing the form 11 and Form8.
Please guide.
The last date of filing Form 11 is 30.05.2014 and for Form 8 30.10.2014
Dear Mam,
Can u plz send us the specified format attached in form 11 of the LLP Company because tody is the due date
Regards
Vipul
No format is to be attached to Form 11. If the designated partners are also director of any other company then only, the details to be provided while submitting form 11.
Hello Madam,
I need your advice. I have setup a LLP in Dec 2011. My previous CA had filed Form11 returns last year and sent me a copy. I think he also filed Form 8, however he didn’t send me a copy. So, I am not sure whether he filed it or not. This year I didn’t perform any business using the LLP, hence I need to file NIL returns.
I have few questions in this regard :
1) Is there any website where I can find previously filed Form8?
2) Can I file Form8 for this year without filling last year’s Form 8 column in the Form?
Please suggest.
Regards,
Priya.
Please visit http://www.llp.gov.in site and go to annual filing section. You will get information about the forms filed for last year.
i want to close the llp company.
that last date of filling.
The last date of filing Form 11 of LLP is 30.05.2014
dear mam,
my LLp is registered in November 2013. i want to know about annual filinfg(form 11) duae date. whether i have to fill form 11 till this 30 may of 2014 or in next year(2015).plz reply soon.
if LLP registered in November 2013, file form 11 before 30.05.2014 and form 8 before 30.10.2014. Sorry for the delayed reply.
Hi,
I formed an LLP on 4th. March, 2014. Can you please tell me, should I need to submit form 8 and form 11 to MCA?
If yes, then by which day and what are the penalties of skipping it?
Thanks in advance.
If LLp form on 04.03.2014, you can file form 11 for F.y. 31.03.2015 before 30.05.2015 and form 8 before 30.10.2015
Thanks a lot, mam. These dates and processes are real confusing and there is hardly any place to clear the doubts.
Can a LLP incorporated on 20th Oct 2012 close its F.Y on 31.03.2014 so that Form 8 & Form 11 can be filed on 30th Oct 2014 & 30th May 2014, so that there is no delay in filing of these form that would have occurred if the F.Y. ended on 31.03.2013.
Sorry for delayed reply. if LLP form on 22.10.2012, it has to file form 8 before 30.10.2013 and form 11 before 30.05.2013.
LAST DATE FOR FORM 8 FOR F.Y. 2013-2014
Last date for filing form 8 LLP is 30.10.2014 for F.y. 2013-2014.
Mam, can you pls let me know the due date of filing Form 8 and Form 11 if LLP is formed on 10-09-2013?
Sorry for the delayed reply. If LLP formed on 10.09.2013, the due date of filing form 11 is 30.05.2014 and form 8 is 30.10.2014
Thanks Madam
if i want to close the LLP??
further how to form New LLP procedure & fees..??
Please call me.
Dear madam
I had registered one LLP on 6th August 2013, from that date i failed to file Form No. 3 and now one partner want to left that LLP on that place one new partner appointed.
what to do please reply
If the LLP was registered on 06.08.2013, you are required to file form 3 with normal and additional fees where two designated partners will sign LLP agreement. You cannot add new partner and make supplementary agreement unless you file Form 3 with LLP agreement signed by earlier partners.
If you are adding new partner then you shall be required to file form 3 along with supplementary agreement, pay stamp duty and file form 4 with consent letter of new partner.
Can default for non filing of form 3 under LLP act be compounded.Is there any waiver of additional fee that is generated along with LLP form filing challan
The default for non filing of form 3 under LLP cannot be compounded. The additional fees to be paid while submitting form 3 with ROC.
ma’am what is the last date for filing IT returns if the company register in the month of march-2013
The last date to file IT return is September 2013.
Hello Meenalji,
As I have already late for filing of Form No. 8 & 11 of LLP. Before filing Form No.8, should I pay the late fee amount of Rs. 100 per day? And the penalty levied for late filing of Form No.11?
Please advise.
Thanking you.
While uploading form 8 and 11, you shall be required to pay normal and additional fees.
Which fees will be required to pay during filing of Form 8 & 11? As I am filing for the first time.
The ROC fees depend upon amount of capital contribution of LLP.
Which normal and additional fees will be required to pay before filing Form No. 8 & 11. Can I file first and then pay it later?
Please guide, I am filing for the first time.
Thanking You.
At the time of uploading form 8 and 11 on MCA site, you will have to pay normal and additional fees online. Please check the fees on MCA portal under “Calculate fees”
hello mam,
company me auditor appointment k liye FN-23B file karna compulsory he, to kya LLP me bhi auditor’s appointment ke liye form file karna compulsory he???
If yes to kon sa form aur kab wo file karna hota he
please reply me as early as possible.
In LLP appointment of auditor is not mandatory as against in company, it is mandatory.
Can a private limited company takeover a LLP if yes , than LLp will still needs to file Statutory Compliances after takeover???pls clarify
A Private limited cannot takeover a LLP hence no question of filing statutory compliance after takeover will arise.
WANT TO CONVERT COMPANY INTO LLP BEFORE MARCH
WHAT IS THE PROCEDURE FOR THAT??
COMPANY NE DECEMBER ME APNI FIXED ASSETS(LAND)SALE KI HE
TOH CONVERSION ME KYA EFFECT RAHEGI AUR KAUNSE POINTS DHYAN ME RAKHNE PADEGE
PLEASE REPLY SOON
THANKS IN ADVANCE
Following would be procedure for conversion of Private limited into LLP:-
a)A Private Company desires to convert into LLP form shall decide Designated Partners of the proposed LLP as only the members can be partners of LLP and of these at least two Partners would be Designated partners. At least one of them shall be Resident of India.
b) The next step is to make application in e-form 1 with ROC LLP for reservation of desired name of LLP on payment of prescribed fees.
c)To draft the LLP agreement with name of LLP, details of designated partners, form of contribution, details of profit sharing ratio, rights and duties of partners
d) To file incorporation document and subscription statement (E-FORM 2)
e) To file e-form 18.
f) To obtain certificate of incorporation in Form 19.
g) To intimate about conversion to ROC where Private Company was registered within 15 form date of conversion by making an application by filing e-form 14.
Hi If we fail to meet the compliances and form 3 not filled. Would there be any consequences if we leave the LLP dormant with no action or activity on it?
As per Section 23(2) of LLP Rules , every limited liability partnership shall file information with regard to the limited liability partnership agreement in Form 3 with the Registrar within thirty days of the date of incorporation along with the fee as provided in Annexure ‘A’. It is a compliance therefore it has to be complied otherwise how the partners and their relations, rights, powers will be decided without filing LLP agreement with Form 3? If you leave the LLp dormant, you will have to make application to Registrar of companies with valid reasons.
Would there be any legal issues that may bump up in future if we don’t pay the fine . we are fine with closing llp but in order to close it will take lot of fine and we want to avoid that… I just don’t want that it blast after few more year as a legal notice on me to pay rs 100 fine since the day we left it .. please suggest
I would advise you to pay penalty and do compliance as soon as possible.
Dear Maam,
LLP incorporation date is 16.12.2013. Is it compulsory to certify form 8 by a CA/CS? Is there any compulsion to appoint CS for filing ROC returns or we can file the returns on our own.
Yes for filing Form 8, certification of Practising Company secretary is mandatory.
hello
Thanks for providing us very useful information about LLP. You Did a wounder full job.
Mam I have formed an LLP on 05/03/2012 from that date I have not file any Document to ROC as required by Law.
Please Guide me What Penalties I have to pay. as far as I understand from above Reading is that I have to pay Rs. 100/- per day penalty for Form 8 and Rs. 25000/- For form 11.
Please tell me the right amount of penalty for both Forms.
Is there any way to skip these penalties ?
Or Can I surrender this LLP .
thank you
Regards
Shobhit
All LLPs registered up to 30-September-2012 have to mandatorily close their financial year as on 31-03-2013 and to file Form 11 by 30th May 2013 and Form-8 by 30th October-2013.Since your LLP was incorporated on 05/03/2012, you should close Financial year as on 31.03.2013 and file form 8 and 11 with penalty. Please check the fees on http://www.mca.gov.in. I would advise you to do compliance as earliest to avoid any further penalty. There is no way to skip these penalties.
thank you so much meenal ji.
Thank you.
Nice inputs available from above thread.
Just add some new stuff:
at the time of prescrutiny of form 24 error is coming you should file at least one form 3, one form 8 and form 11. So why should we file form 3 as there has been no change since incorporation?
Please help.
Regards
Naveen
I think you should file form 8 and 11 and complete the compliance before striking off LLP and then file form 24 still I would advise to check with the concerned ROC.
Dear Madam,
We have incorporated our LLP firm on 31st October 2012.
We understand from web resources that filing LLP returns by end of May 2013 is not required for the LLP incorporated after 30th September 2012.
Is my understanding correct?
In our case, what are the due dates to file Form-8 and Form-11?
Do we need to pay any penalties?
Request you for your guidance and clarifications.
Regards,
Ram
All LLPs registered up to 30-September-2012 have to mandatorily close their financial year as on 31-03-2013 and to file Form 11 by 30th May 2013 and Form-8 by 30th October-2013.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.
In your case, due date of Form 8 is 30.10.2014 and form 11 of LLP is 30.05.2014.
I am Accountant of the LLP firm.
i have maintain the balance sheet and p & L but i don’t format,
please help me.
the format for Balance sheet and Profit is not specified in LLP Rules, you can prepare normal Balance sheet and PL.
Mam can u plz tell me abt Attachment in form 8 for Disclosures under Micro, Small and Medium Enterprises
Development Act, 2006…..is this complusory for every LLP….and if Yes can i have the format for the same
The format of MSME required for Form 8 is mentioned on my blog – article – Annual filing for LLP. It is compulsory
An error stating that Auditor sign in duplicate is shown while uploading LLP Form 8. how to resove it?
I think you have attached DSC of CA at two places. on form 8, designated partner has to attach his DSC in two places and CA at once.
While trying to upload LLP Form No.8, I get two errors :
1) Auditors sign in duplicate – I affixed auditors sign in both certificates
2) Designated Partner is not authorized to sign the form.
Kindly resolve.
Another issue is, the designated partner has already been registered as signing authority, but while trying to update her new DSC, her mother’s maiden name is not being accepted by site. What is the solution,
Please advice Mam.
Thank you
Sorry for the delayed reply. Form 8 is to be signed by two designated partners and certified by CA/CS/CWA in practice. The designated partner has to sign twice and CA/ CS has to sign once.
Dear Mam,
My LLP has been incorporated as on 25th october 2012. As per the general notice issued by MCA for this LLP 31st March 2014 can be opted as the closure of the financials. However form 8(Interim) i.e creation of charge has been already filed as on 8th August 2013. To avoid penalty i want to opt for 31st march 2014 as the closing date of financilas. I want to know if form 8 whch has been already filed but is interim(creation of charge) and not annual binds me to file annual form 11 and from 8. As much as possibe i would like to avoid penalty and take 31st march 2014 as the date of closure of my 1st financilas. Kindly advise.
Yes you can file form 8 and 11 after 31.03.2014 before due dates. Form 8 which is filed already for creation of charge is different event than annual filing.
Dear Ma’am,
We are two partners in LLP. Please let me know if DSC is required for both partners? One partners DSC has expired. Can you please advise if I can file form 8 with one partners Digital Signature. The LLP came into effect from October 2012 and today being the last date for filing kindly treat this query urgent. Thank You.
Sorry for the delayed reply, because I was also busy in annual filing. Yes DSC for two partners is required as per LLP Rules. Form 8 shall be signed by two designated partners and certified by CA/CS/CWA professionals
Hi mam,
kindly let me know the following:
1. What is the date of event for calculating the filing of creation of charge in form 8. pl confirm that there is no late fine on creation of charge.
2. The LLP while doing business normally infuses capital in cash through the partners but we as an auditor know the fact only when we are auditing the accounts somewhere around september. so for increasing the partners contribution which form is to be filed, when and what is the date of event. any solutions for this.?
1. The date of event for calculating the filing of creation of charge in form 8 will be date of instrument creating the charge. The penalty will be Rs. 100 per day till the default continues.
2. As and when capital is increased, LLP shall file form 3 ( with supplementary agreement for change in capital amount) along with prescribed fees with the Registrar of Companies within 30 days from the date of change in capital. The date of event will be the date of increase of capital.
Hi mam,
kindly tell me how we can convert LLP into normal partnership firm.
Please call me.
can you provide me the specimen of attachments to be filed with form no 24 for closure of LLP.
LLP Rules or Act has not provided any specific format which are to be filed along with Form 24 for closure of LLP. The attachments mentioned in Form 24 will have to be filed.
Dear mam
can i have your no. Plz
i have problem in filing form 8 for charge creation
Sure, my contact numbers are mentioned on my website http://www.abhyankarcs.com/contact/
we have an LLP, REGISTERED IN KERALA. I want to file fom 8. (total contribution below 10 L, no income(or sales), only expenses -salary, rent etc).
do you file form 8?. what is your fee/service charge?. Thank you.
yes i provide the services for filing form 8 with ROC. Please call me for more details.
what is the procedure to close LLP and what will be the fee structure.
There are two options for closing the LLP:-
1) striking off the name of LLP from the Registrar of Companies as per clause (b) of sub rule 1 of Rule 37 of LLP Rules 2008. [Please refer e-Form 24]
2) Winding up of LLP as per Section 63, 64 and 65 of LLP Act 2008.
We are in the process of filing Form 8 for a LLP incorporated during mid of the year in July 2010.
When we fill up the data in the column current year, it states that the opening date of the current year reporting should not be earlier than the date of incorporation. Accordingly we made the change and thus the current year reads from 29/07/2010 till 31/3/2011
When we fill up the previous year (which would not exist in case of the first year of reporting), it says that the date can not be left blank and at the same time date can not be earlier than the date of incorporation.
Can you please help.
Regards
Sorry for the delayed reply. i have to actually see Form 8 and the difficulties you are facing. can you please call me.
Dear mam,
I had formed LLP on 16th August 2011 and I did not know about filing of form-8 and form-11 until recently. If I calculate the penalties as per 100 Rs. per day, it is running at more than Rs. 60,000 for 2012. This is really a huge burden, I would have filed it on time had I known about this. There is no penalty if the LLP was formed after 1st October 2011, it does not look fair that I have to pay so much penalty.
Could you please let me know what I can do in this regard to avoid such a huge penalty?
You will have to pay the penalty as on today. Because default in filing of form 8 and 11 would be Rs. 100 per day till the default continues.
We have the same issue. We formed our LLP in 2012 & our CA did not advise us to file Form 8 & 11. We are not functioning anymore & one of the partners has also moved out of the country. There were no revenue ever & we have no assets left in the bank acct. pls advise. Is it true that there is no penalty for LLPs formed after Oct 2011?
All LLPs registered up to 30-September-2012 have to mandatorily close their financial year as on 31-03-2013 and to file Form 11 by 30th May 2013 and Form-8 by 30th October-2013. 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. I would advise you to please check the date of incorporation of LLP and then as per this notice issued by MCA, please file form 8 and 11 as early as possible to avoid further delay and penalty.
In case total obligation of 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. in This Regard the Certificate from the Practicing company secretary is mandatory for filing of EForm-11
Yes, if total obligation of 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. It is mandatory.
what fees the professional charges for filing annual return of LLP
Please call me.
Does form 8 require sign of CA/CS if turnover is less than 25L ?
e-form 8 is required to be digitially signed by two Designated partners and certified by [Chartered Accountant/Company Secretary/ Cost Accountant] in whole time practice.
LLP formed on 02/12/2009; though Form 11 filed up to fY ended 31.03.2013, so far form 8 not filed; advise whether in view of the circular we can file one form 8 for the period 02/12/2009 to 31/03/2012 and another form 8 for FY 2012-13? will it be valid compliance?? thanks
e-form 8 is to be filed separately for each Financial Year and cannot be filed combined form 8.
What is the prescribed fee for filing form 8 & form 11?
The fees for filing form 8 and 11 will differ as per amount of total capital contribution of LLP. You can visit http://www.llp.gov.in and check the calculate fees menu by inserting the amount of capital and date of event.
mam,
it is sufficient to sign declaration under MSME Act in case of form -8 of LLP signed by single Partner?
thanks in advance.
Declaration under MSME Act needs to be signed by two partners.
Hello mam,
If charge petition is not filed with Roc from 2008 what is the procedure to be followed???
Please refer Section 142 of the Companies Act, 1956 if there is default in filing form 8 for charge creation.
mam,
i have filled form 11 but when i am up loading in mca website. the option of form 11 is not displaying
so please help me in solving this issue
yes, there is no separate field of uploading form 11 on MCA portal, in that case please upload form 11 through the field-“e-form”.
Dear Madam,
I had filled froms 11 and 8 last year using the two digital signatures (two designated partners). but wehn merged with mca site, this year when i try to upload form11 error occurs ” The digital signature is not validated. The person is not authorized to sign in this field”. I have filled from and signed and validated signatures. At that time the signature are valid. When I open again that file, the signature gets unknown. When I do prescutiny in form, no errors occurs. But when I try to upload the file, error. Pls help me….
Please check whether the details of Designated partners are verified and updated on LLP portal because if LLP was incorporated before 11th June 2012, you shall be required to do it before uploading any form. Please visit LLP portal and this link- http://www.mca.gov.in/LLP/pdf/llp_user_Verification_updation.pdf
maam,
kindly clarify on revised filing of LLP would require to be checked properly…
i am still confused…
does that mean revised filing can be done in form 11 of LLP???
Please call me
Hello Madam
Our LLP is regd on 4th Oct 2010, We are inoperative. Now we have filed form-11 for FY 12-13 on 31.5.2013. For previous year FY 11-12 we have not filed Form-11 and Form-8 till date.
As per the recent notice on MCA/LLP portal, can we close our FY at a stretch from 4.10.2010 to 31.3.2013 (30 months) and file form-11 and form-8 OR do we need to close our FY as on last year ie. 31.3.2012?
If so is there any penalty? If so how much it will be. To calculate fee at MCA portal what should be the input for “date of event”? It is confusing.
Also can we revise the form already filed? Whether penalty applicable on revising? Please help. Thank you in advance.
As per MCA circular- the LLP formed upto 30.09.2011, have to mandatorily close its financial year as on 31.03.2012 and file form 8 by 30.10.2012 and form 11 by 30.05.2012.
In your case the LLP is formed on 04.10.2010, you will have to file form 11 and 8 for F.Y. 31.03.2012.
LLP is liable to pay penalty. Please check LLP portal- calculate fee and insert date of event- 31.03.2012. There is no provision to file revise form.
I am having trouble filling up Form 8. My LLP is registered on 02-05-2012
When I try to fill the form it keeps giving me errors regarding previous year. Since this is the first year, how should I fill it. For current year I gave dates 02-05-2012 and 31-03-2013.
For previous year which ever date I give it gives me error. I do not have major activities. only around 9000/- expenses. Do I still have to go to a Chartered Accountant. I am under the impression that I can fill it myself. But the form is not allowing me if I do not give chartered/cost accountant membership number.
Form 8 needs to be certified by CS/CA professionals.I can help you, please call me.
Thank you Mam for the clarification.
Regards
maam,
is it possible todorevised filling of form 11 when defectis noticed by LLP itself??
Filing of revised form 11 when defects noticed by LLp would require be checked properly.
Mam,
if form-11 is not filed within due date and if i want to file it today what should be the date of event for calculation of fees from portal.Is there any additional penalty/punishment other than mentioned above in the blog.
If the financial year end would be 31.03.2013 then the date of event for calculating the fees for form 11 would be the 30.05.2013. The penalty will be Rs. 100 per day till the default continues.
Mam,
if form-11 is not filed within the due date what should me the date of event for calculating fees.If i want to file the form in June.Is there any punishment other than mentioned above in the blog.
The due date of filing e-form 11 LLP was 30.05.2013. Please mention due date while calculating the fees on LLP portal.
Thank you Mam…..
in what format do we have to file disclosure under Micro, Small and Medium Enterprises Development Act, 2006 in form 8.
On the same post there is format attached.
Hi Meenal,
I need your advice regarding e-filing of form 8.
This year (FY 2012_13) we have cross turnover of 40 Lacs. So, it needs to be certified (using Digital Signature) by Auditor.
Further, it should also be certified (using Digital Signature) by CA.
In such case, do we need to get signed two different persons (CA & Auditor)?
We got digitally signed from CA for both the place. Prescrutiny of Form 8 was successful but when I tried to upload on LLP Portal it gives me an error like – Signature field for Practicing professional is duplicate.
Do you have any suggestion here?
Thanks & Best Regards,
Bhavin
sorry for the delay in reply. Somehow i missed this question. As per instructions for filing form 8 LLP, if the turnover exceeds Rs. 40 lacs, then form should be digitally signed by two designated partner and certified by an auditor. You may try attaching DSC of designated partner on page 4/7. If you have already got this resolved, kindly also let me know what was done.
Can Practicing Chartered Accountant Certify Form 11 for LLP Annual Filing? Is there anyt limit beyond which the same is required to be Certified by the Practicing Company Secretary?
Practising Chartered Accountant cannot certify Form 11 (LLP Annual filing). In case total obligation of contribution of partners of the LLP exceeds Rs. 50 lakhs or turnover of LLP exceeds Rs. 5 crores, then the e-Form needs to be certified by a Company Secretary in whole time practice.
In case total obligation of 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.
LLP firm incorporation date is 15.12.2012 llp have to file form-11 before 30th may, 2013??
i want to asked should i closed my accounting year at 31.03.2014 or not??
Since the date of incorporation of LLP is 15.12.2012, you need to close Financial year on 31.03.2013 and file e-form 11 before 30th May, 2013.
Thanks,
thanx a lot
Will it not have the option of closing accounts on 31st March 2014 and file form 8 and 11 accordingly?
The Government has not issued any notice/ notification/ circular regarding closing of accounts on 31 st March, 2014.
Since i do not know the date of incorporation of your LLP, i cannot answer when you will have to close the accounts.
Mam
In case total obligation of 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. In this Regard the Certificate from the Practicing Company secretary is mandatory for filing of Form-11 ?
Yes Certificate from Practising CS for filing form 11 is mandatory in case the total contribution of LLP exceeds Rs. 50 Lakhs or turnover exceeds Rs. 5 crores.
Will an LLP have to file e-Form 11 for the FY 2012-13 if it has filed e-Form 24 for striking its name off on 30th March 2013? The status of the form is shown as “assigned” on the MCA website.
I think you need to file e-form 11 for F.Y. 2012-2013 even though e-form 24 for striking its name on 30th March, 2013. I would advise to check with Registrar of Companies.
Dear madam,
Can u send an application in prescribed form shall be made to the Registrar of LLP for Striking off the name of the LLP
There is no prescribed format of an application to be made to ROC for striking off the name of LLP. You will have to file form 24A