Introduction of scheme for condonation of LLP Forms
August 30, 2023
MCA had vide its Circular No. 08/2023 dated 23.08.2023 notify a scheme of condonation of delay in cases of filing of Form-3, Form-4, and Form-11 in view of the representation made by the Government before the MCA on account of difficulties being faced by certain LLPs in the filing of the below-mentioned forms;
- Form-3 (LLP agreement and changes therein) and;
- Form-4 (Notice of appointment, cessation, change in name/address/designation of a designated partner or partner and consent to become a partner/designated) and;
- Form-11 (Annual Return of LLP)
The said LLPs were finding difficulties in filing above mentioned forms due to various reasons such as a mismatch in the master data in the electronic registry of the MCA due to the recent transition of various forms from the MCA Version2 portal to the MCA Version3 portal.
In order to counter the above-mentioned issues and difficulties, MCA has decided to grant a one-time relaxation in additional fees to those LLPs who could not file Form-3, Form-4, and Form-11 within their due dates.
Additionally, MCA has taken a few steps in this regard in order to sort out the related issues;
- Form-3 Will be processed under straight-through processing (STP) for all purposes except for changes in business activities.
- Stakeholders are advised to file these forms in a sequential manner i.e. the filing for old events should be filed first and so on as to update the master data in a proper manner.
- Stakeholders are allowed to edit pre-filled data of the above forms. However, the onus of filing correct data would be on the stakeholders.
- The filing of Form-3 and Form-4 without additional fees shall be applicable for the event dates 01.01.2021 and onwards.
- For events dated prior to 01.01.2021, these forms can be filed with 02 times and 04 times of normal fees as for small LLPs and other than small LLPs respectively.
These forms shall be available for filing from 01.09.2023 onwards till 30.11.2023 (both dates inclusive).
The LLPs availing the scheme shall not be liable for any action for delayed filing of the Form-3, Form-4 and Form-11
The complete text of the circular No. 08/2023 may be viewed at the below link: https://www.mca.gov.in/bin/dms/getdocument?mds=Zt6foWsl%252BABAbU7Pid9NGg%253D%253D&type=open
Last updated: 30/08/2023
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