Limited Liability Partnership (LLP) Compliances
Limited liability partnership as the name suggests is the combination of both company and partnership firm, where the members of the LLP can enjoy limited liability up to the extent of their contribution made and flexibility of the partnership firm.
A limited liability partnership is also called a hybrid of company and partnership firm which is incorporated under the limited liability partnership act 2008.
The minimum number of members required to start LLP is 2 and the maximum is unlimited. The LLP has continued existence irrespective of changes in its members.
After the incorporation of LLP, it is the responsibility of the firm to file certain compliance to the ROC. If the LLP fails to do so then it has faced a huge amount of penalties. Here are a list of compliances to be followed.
Benefits of filing LLP Compliance
The advantages of filing LLP Compliance are explained below,
- Filing compliance with the ministry of corporate affairs and the registry of companies will increase the goodwill of the LLP which develops confidence in the public and also gain trust from investors.
- Filing compliance on time reduces the risk of penalties on the head of LLP.
- As the LLP files compliances properly, the burden of more compliances is reduced from the MCA.
- It also encourages foreign investment in your LLP, which leads to an increase in the capital amount of the LLP.
These are the advantages of filing compliance with LLP
Compliance for Limited Liability Partnership
There are some compliances that are mandatory to file a single time, such as.
- LLP form 3
- The partners of LLP are required to submit an LLP agreement along with LLP form 3 with the registrar of companies.
- It is mandatory for the LLP to open a bank account in any bank in India in the name of the LLP and make transactions related to the firm with this account.
- After registering your LLP, it should obtain a Permanent Account Number (PAN) and a Tax deduction and collection account number (TAN) from the income tax department.
- The LLP whose turnover exceeds Rs. 40 lakhs [ services Rs. 20 lakhs ] is required to apply for GST registration. It can also be done after the incorporation of LLP.
So these are the one-time compliance to be filed by LLP in order to avoid any penalties
There are some compliances that are fulfilled annually
- LLP must close its books of accounts on the 31st of every year by filing FORM 8 with at least 2 designated partners within 30 days after the completion of 6 months of the financial year. This form 8 states accounts of the LLP and its solvency.
- LLP must file an annual return by filling out form 11 which includes a summary of designated partners and whether it contains any changes or not. This must be filed within 60 days after the closing of the financial year.
- An income tax return should be filed by LLP on or before the 31st of July every year. In case it requires a tax audit then the date is extended up to the 30th of September with the income tax department.
- The designated partners of LLP are required to file form DIR 3 KYC before 30th September of every financial year.
- LLP whose turnover exceeds 40 lakhs or contribution exceeds 25 lakhs should get their audit done.
- If LLP turnover is more than 5 crores or its contribution is 50 lakhs then he must file a return with form 11 which should be certified by the Companies secretary.
So these are the compliance to be filed by the LLP to the registrar of companies
Consequences of noncompliance of LLP
If the LLP fails to file compliance on time, the penalty charged is? 100 every day until he files or if he fails to fulfill certain compulsory compliance the penalty charged will be huge which can be more than? 10000. It also causes problems for the closing LLP, as it is compulsory to file compliance before winding up LLP.
So these are the problems to be faced for not filing LLP of Compliance.
