An Annual Return of Limited Liability Partnership (LLP) using Form 11 must be filed by every Limited Liability Partnership (LLP) in India.A summary of the LLP’s finances and operations is provided in the filing for that financial year. All filing rules and deadlines for Form 11 are managed by the Ministry of Corporate Affairs (MCA).
Partners must use this form each year to report on certain details about the LLP and what has changed annually with its partners and contributions.
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Scope of Work:
1. Preparation of e-form
2. Arranging for certification of e-form.
3. Filing of e-form with Registrar
Form 11 is officially required by the Limited Liability Partnership Act, 2008. In India, every LLP submits Form 11 each year, presenting key information about the LLP and its partners. Unlike the Income Tax Returns and Financial Statements which focus on financial results, this filing looks at the setup and classification of the LLP.
Key Features of Form 11:
A return must be filed each year to describe the structure of an Limited Liability Partnership (LLP).
The contribution of every partner and the designation of some as partner managers or managers is shown in the form.
Unlike the LLP’s financial statement, information on profits or losses is not part of Form 11.
Every LLP registered in 2008 according to the LLP Act is obligated to submit Form 11 every year. This includes:
Active LLPs: Such LLPs are actively involved in conducting business.
Dormant LLPs: If an LLP is not currently active, it must still submit the form, as partners may need to confirm that there were no transactions in the past year.
Exemption:
New LLPs: For LLPs incorporated in the last financial year, filing Form 11 must be done the very next year. Firms that started as an LLP from 1 April onwards are not required to submit Form 11 for that same financial year.
For New LLPs: If the LLP is registered after 31st March, the first annual return must be sent by 30th May of the subsequent year.
Consequences of Delayed Filing:
Late Filing Fee: If you submit your Form 11 after the due date, a Rs. 100 fee will be placed on your account each day.
Penalties: If Form 11 is not filed continuously, the LLP may be punished and eventually dissolved.
The LLP’s key details and its partners’ information are gathered in the various sections of Form 11. The key information needed appears below:
LLP Name: In the LLP Name you will find the registered name of the Limited Liability Partnership.
LLP Identification Number (LLPIN): Unique number that stays with an LLP from the time it is formed during registration.
Address: A business’s registered office address goes by its Address.
Financial Year: You’re asked to supply the start and end dates of the financial year reported here (often it is April 1st to March 31st).
Number of Partners: In an LLP, the word partners means both individuals and companies taken together which refer to the number of partners involved.
Designated Partners: The designated partners must be included in the form and are listed as those responsible for maintaining compliance and acting on behalf of the LLP.
For each partner, the following details must be provided:
The name given in the LLP agreement
For contacting the business and for registering it
Each partner’s participation in the LLP
Ownership in the LLP is divided between partners.
Capital Contribution by Partners: At the time of the LLP formation and during the financial year, this section shows the amount of capital each partner contributed.
Operational Status: The form needs to emphasize if the business operates correctly according to the LLP Agreement and partner(s) agreements.
Although Form 11 itself does not include financial data, it asks for confirmation that the financial statements for the corresponding year have been filed with the Ministry of Corporate Affairs (MCA).
Here’s a step-by-step guide for filing Form 11:
You will need to gather the needed information before you complete Form 11.
The name you select for your LLP and the LLPIN are required.
All partners' names, addresses and contributions are included here.
If the LLP is running and how closely it sticks to the LLP agreement
The Ministry’s website has more information at https://www.mca.gov.in.
If you don’t have an account, create one; if you have credentials, log in with them.
In "LLP e-Filing", look for Form 11 to select for the required LLP.
Make sure to enter all needed information about the LLP, its partners and compliance matters. Check all the details about the money and other partners to ensure everything is correct.
Once you finish the form, send it electronically by using the portal. Also, you should include a digital signature from the official partner or representative of the business.
To file Form 11, a small fee needs to be paid and you can pay it through the MCA portal online.
Successful submission is acknowledged by the creation of an acknowledgment receipt. It is a way to document that your return was submitted and you should keep it.
Missed or late filing of Form 11 can make a company pay late fees and penalties.
Late Fee: Your account will be charged Rs. 100 per day from the due date until you pay.
Default Penalty: If the LLP does not comply, the Registrar may wind up the LLP or erase it from the register list.
Filing Form 11 makes sure that the LLP follows all the rules outlined in the LLP Act, 2008. Looking at the following points, you’ll see why filing this form can be helpful.
Regulatory Compliance: For all LLPs, Regulatory Compliance requires them to file Form 11. There are possible penalties, fines or death for a business that is not compliant.
Transparency and Accountability: By filling out the form, the LLP keeps its activities and structure clear to investors, partners and regulators.
Legal Protection: Early submission of your LLP documents ensures the company is safe from legal issues and is recognized by the Ministry of Corporate Affairs.
Mistakes in writing partner details or misinterpreting how much capital each partner has invested may cause the LLC to behave non-compliantly.
A late submission of tax records after 60 days may result in charges or penalties.
Despite not being needed with Form 11, sending the financial statements on their own is very important to prevent being penalized.
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The due date for filing of LLP Form 11 is 30th May of each financial year.
The basic government fees for filing of LLP Form 11 is Rs. 50/-
The purpose for filing LLP Form 11 is filing Annual Return of the LLP.
Yes, it is mandatory for every LLP to file LLP Form 11.
Yes, minimum 2 designated partners digital signatures are mandatory to affix to file LLP Form 11.