Overview of Annual Compliance of Limited Liability Partnership firm
A
Limited Liability Partnership or LLP enjoys a separate status in the business
market. Therefore, an organization requires to maintain its active status by
filing the annual compliance with the Ministry of Corporate Affairs (MCA) on a
regular basis. Annual compliance filing of LLP is necessary, whether the
business is operating or not. Annual compliance for LLP needs filing two
separate forms, one is for Annual Return and another one is for the report of
Accounts and Solvency.
The
forms are submitted for reporting the business activities and financial data
for every upcoming financial year. If the LLP fails to file the Annual
Compliance requirements leads to an additional or penalty fee of ₹ 100 every
day for the delay till the actual date of registering. Thus, apart from the
authorization, the heavy penalty obliges the Designated Partners to fulfil the
needs and requirements.
Benefits of Annual Compliance of LLP
Record of Financial Worth
The
forms filed by Limited Liability Partnership are approachable by companies.
Therefore, while entering into major projects or contracts, the authorized
party may also visit or audit the financial worth. LLP annual filing submits
the record of financial worth of the company and capacity to an interested
individual or party.
Higher Credibility
Formal
compliance is a basic requirement for any entity or business. The status of
Limited Liability Partnership annual filing is exhibited at the Master Data of
the LLP on MCA portal and the same can be obtained by any individual. Annual
compliance is a major criterion to evaluate the credibility of the business
entity for any loan approvals or any other same kind of requirements.
Easy conversion and closure
Annual
filing is mandatory for the conversion of the LLP into any other type of
company or organization. The regular compliance reports ease the conversion
process. The same employ in case of closure of an LLP firm. Even if the
LLP was not working, the Registrar may demand to file the annual compliance,
along with the LLP filing fee, if needed.
Maintain active status and avoid penalties
In
case of back-to-back default in the annual filing, the Limited Liability Partnership
can be announced as defunct or obtain default status. Also, the partners can be
announced as defaulters and also can be disqualified from their farther
appointment in LLP or any other company. Thus, it is mandatory to file the
annual return to maintain the active status of the LLP. Filing the annual
returns also saves the LLP from heavy penalties and additional fees.
Protection
of LLP or Limited Liability PartnershipDo you know: Checklist details for
Filing of Annual Compliance
Significant
Advantages: Powers enjoyed by Limited Liability Partnerships are as follows:
- Abilities
to sue and be sued.
- Have
the powers to employ individuals.
- The
associates have the power to keep business activities directly.
- Hold
the power to indulge into all types of legal agreements.
- In
an LLP, one partner is not answerable or liable for another partner’s
negligence or misbehaviour.
- Can
open a bank account.
- An
LLP provides limited liability security for the partners.
- If
there is only one member in the company, there is time to get a new one
outwardly, and without the dissolving of the Limited Liability Partnership
also.
- If
the number of Partners step-downs less than 2, the sole associate can
still find a new companion to fill the partner’s space.
- LLPs
can hold assets and accounts which are separate from that of the
supporters or promoters.
- An
LLP can have limitless associates while the Post establishment.
- LLP
is a separate legal existence.
- An
LLP has the power to raise the funds from Banks, Partners, and NBFCs.
Checklist for Filing of Annual Compliance of LLP
- Annual
returns need to be submitted with the Registrar of Companies (ROC).
- Annual
returns of the LLP to be accompanied and filled up under the prescribed
format of Form 11
- Annual
returns have to be filed within 2 months or 60 days from the close of the
year. This could be filled on the 30th of May of every year.
- The
annual compliance should be met by every registered LLP, even if there is
no business activity. It has to be obtained if the LLP has been closed
down or even not a business bank account exists.
Documents required for Annual Filing of Compliance for LLP
- Certificate
of Incorporation and PAN card of LLP
- The
LLP Agreement along with any report or agreement, if any
- Financial
report or Statement of LLP duly signed by the assigned partners
- DSC
of all assigned partners is needed
- Identification
Number of LLP
- Name
of the LLP as a Proof of Title
- Principal
business endeavours of the LLP
- Registered
office address and Business classification of the LLP
- Total
responsibility for the contribution of partners of the LLP
- Aspects
of assigned Partners and Partners of the LLP
- Review
of Designated Partners and Partners
- Total
input supported by all partners of the LLP
- Details
of penalties imposed on the LLP, if any
- Facts
of intensifying offences, if any
- Features
of LLP or company in which Partners hold the position of Director or
Partner.
Annual Filing of LLP
Unlike
all types of Companies, LLP also mandatorily have to record their financial
year, as April 1st to March 31st of every year. Thus, the due of LLP annual
return is on May 30th and the due of report of Account & Solvency is on
October 30th of every financial year. Apart from the MCA annual return filing,
LLPs must also mandatorily file IT returns each year.
LLP
Form 8
Form
8 should be filed within a month or 30 days from the end of 6 months of the
year with some specified fee. This form should be signed digitally by 2
designated partners of the company and it should be certified by an authorized
chartered accountant or company secretary or cost accountant. Form 8 contains
Statement of Solvency, Statement of Income & Expenditure and Statement of
Accounts
LLP
Form 11
Form
11 holds information of the number of partners, total contribution received by
all partners, total number of partners, information of body corporate as
partners and complete summary of partners. All LLPs must file this form within
two months or 60 days from the closure of the every financial year with the
specified fee. Hence, the filing LLP Form 11 due is on 30th of May every year.
Income
Tax Return Filing
LLPs
should file IT returns with Form ITR 5. This form can be filed online by
visiting the official website of the income tax department utilizing the
digital signature certificate of the designated partner of the LLP. If tax
audit is not required, the LLP can file the tax on July 31st and for LLP whose
contribution exceeded Rs. 25 Lakh or whose turnover exceeds more than Rs. 40
Lakh are needed to get their accounts statements audited by an authorized
Chartered Accountant. The deadline for tax filing for LLP needs to get an audit
is September 30th.
LLP
Tax Audit
LLP
is a separate legal entity and it is completely responsible of the Designated
Partners to maintain a proper report of accounts and file annual returns to the
MCA every financial year. There is no need to audit the accounts unless the
concerned LLP’s annual turnover exceeds more than Rs.40 lakhs or if the
contribution is more than Rs.25 lakhs.
Frequently Asked Questions
What are the essential compliances of LLP?
There
are 3 essential compliances needed for LLP compliances every year..
- Annual
Return
- Financial
reports or Statements of the LLP
- IT
Returns Filings.
What is the Audit necessity for LLP?
The
LLP whose annual turnover exceeds more than Rs. 40 lakhs or whose LLP capital
contribution exceeds more than Rs. 25 lakhs
What should happen if the status is SRN or
'Sent for Resubmission?
if
the status is SRN or 'Sent for Resubmission, you are required to submit your
E-Form again to correct or edit the incompleteness pointed out by the concerned
MCA office.
What is meant by "Statement of Accounts
and Solvency"?
Each
LLP has to submit LLP Form 8 every year, and it is known as "Statement of
Accounts and Solvency", it contains the details related with financials of
LLP such as asset-liability etc.
How much time does it take to register an
LLP?
You
can complete the Company registration process within 15-35 working days after
you have submitted all your needed documents.