Savitha
ANNUAL FILING FOR LLP - LAW AND PRACTICE
Savitha G 23 Jun 2017

ANNUAL FILING FOR LLP - LAW AND PRACTICE

Limited Liability Partnership Concerns (LLPs) unlike Partnership Firms registered under the Indian Partnership Act 1932, are required to comply with more statutory compliances periodically. Similar to the Companies registered under the Companies Act, LLPs are required to file their financial statements with the Registrar annually and such annual filing documents are available for public inspection.
However unlike a Limited Company, the requirement for annual filing is not one and the same for every LLP. Financial criteria has been fixed depending on which the requirement to appoint an Auditor will arise. In rest of the cases there is no mandate to appoint an Auditor and Audit the accounts of the LLP.
The Limited Liability Partnership Act, 2008 [LLP Act] and the Limited Liability Partnership Rules, 2009 [LLP Rules] provides detailed provisions relating to the financial disclosures to be made by every LLP.

Corresponding Provisions from LLP Act:

 I.            Maintenance of Books of Accounts: Section 34:
  • Section 34 of the LLP Act stipulates that every LLP shall maintain such proper books of account as may be prescribed relating to its affairs for each year of its existence at its registered office for such period as may be prescribed.
  •  Every LLP shall, within a period of six months from the end of each financial year, prepare a Statement of Account and Solvency for the said financial year as at the last day of the said financial year in such form as may be prescribed.
  • Such statement shall be signed by the designated partners of the LLP and filed with the Registrar every year in such form and manner and accompanied by such fees as may be prescribed.



II.            Annual Return : Section 35:

Annual return shall be filed with the Registrar within sixty days of closure of its financial year in such form and manner and accompanied by such fee as may be prescribed.

ANNUAL COMPLIANCES:

       I.            FILING OF STATEMENT OF ACCOUNTS AND SOLVENCY:

  • Books of accounts to be maintained by the LLP in prescribed form and manner.
  • Such books of accounts shall be preserved for eight years from the date on which they are made.[1]
  • Statement of Account and Solvency duly signed by the Designated Partners shall be filed by every LLP in Form 8 with the Registrar, within a period of thirty days from the end of six months of the financial year to which the Statement of Account and Solvency relates. Therefor for a financial year ended 31st March 2016, Form 8 has to be filed within September 2016.[2]



    II.            REQUIREMENT OF AUDIT:
  • A LLP whose turnover does not exceed, in any financial year, forty lakh rupees, or whose contribution does not exceed twenty-five lakh rupees shall not be required to get its accounts audited.[3]
  • Where the partners of such LLP do not decide for audit of the accounts of the LLP, such LLP shall include in the Statement of Account and Solvency a statement by the partners to the effect that the partners acknowledge their responsibilities for complying with the requirements of the Act and the Rules with respect to preparation of books of account and a certificate in the form specified in Form 8.
  • A person shall not be qualified for appointment as an auditor of a limited liability partnership unless he is a Chartered Accountant in practice.
  • Such Auditor may be appointed by the designated partners:[4]


a) at any time for the first financial year but before the end of the first financial year, 
 at least 30 days prior to the end of the each financial year (other than the first                   financial year)
b)   to fill a casual vacancy in the office of auditor, including in the case when the turnover or contribution of a limited liability partnership exceeds the limits specified.
c)  to fill up the vacancy caused by removal of an auditor.

The partners may appoint an auditor or auditors where the designated partners have power to appoint have failed to do the same.[5]

III.            FILING OF ANNUAL RETURN:

  • Every LLP shall file an annual return with the Registrar in Form 11.
  • In case of an LLP having turnover up to five crores rupees during the corresponding financial year orcontribution up to fifty lakh rupees a certificate from a designated partner, other than the signatory to the annual return shall be annexed to the Form to the effect that annual return contains true and correct information.
  • In all other cases, the annual return shall be accompanied with a certificate from a Company Secretary in practice to the effect that he has verified the particulars from the books and records of the LLP and found them to be true and correct.


IV.            ROC FILING FEE:[6]

S.NO
AMOUNT OF CONTRIBUTION
(In Rs)
FILING FEE
(In Rs)
1.       
Less than 1 Lakh
50
2.       
1 Lakh to 5 Lakhs
100
3.       
5 Lakhs to 10 Lakhs
150
4.       
More than 10 Lakhs
200


OFFENCES AND PENALITIES:

       I.            DEFAULT IN COMPLIANCE OF SECTION 34[7]:

Penalty levied on the LLP
Fine which shall not be less than twenty-five thousand rupees but which may extend to five lakh rupees
Penalty levied on the Designated Partner
Fine which shall not be less than twenty-five thousand rupees but which may extend to five lakh rupees

       I.            DEFAULT IN COMPLIANCE OF SECTION 35[8]:

Penalty levied on the LLP
Fine which shall not be less than twenty-five thousand rupees but which may extend to five lakh rupees
Penalty levied on the Designated Partner
Fine which shall not be less than ten thousand rupeesbut which may extend to one lakh rupees






[1] Rule 24 (3) of the LLP Rules 2009
[2] Rule 24 (4) of the LLP Rules 2009
[3] Rule 24 (8) of the LLP Rules 2009
[4] Rule 24 (11) of the LLP Rules 2009
[5] Rule 24 (14) of the LLP Rules 2009
[6] Annexure A of the LLP Rules 2009
[7] Subsection (5) of Section 34 of the LLP Act
[8] Subsection (3) of Section 35 of the LLP Act
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