All LLPs registered under Limited Liability Act, 2008 have to annually file two forms Form 11 and Form 8.
Annual Return: Form 11 is to be
submitted within 60 days of closure of the financial year i.e 30th May 2018.
(Financial year closes on 31st March.)
Form 11 is due on 30th May , 2020.
Statement of Account and Solvency: Form 8 is to be submitted within 30 days from the expiry of six months from the closure of the financial year i.e 30th October 2018.
What is Form 11 and How to file it?
Form 11 is an Annual return that is to be filled by all LLPs irrespective of turnover during the year. Even when an LLP does not carry out any operations or business during the financial year, Form 11 needs to be filed.
Apart from Basic information about Name, Address of LLP, details of Partners/ Designated Partners, other details that need to be declared are :
- Total contribution by/to partners of the LLP
- Details of notices received towards Penalties imposed / compounding offenses committed during the financial year
It must be e-filed on the MCA portal. The e-form has to be downloaded and filled in an offline mode. The pre-fill option is available to minimize your efforts and the Pre-scrutiny button is present to validate the data filled in. This is done before you submit the form online.
What are the prerequisites?
- LLPIN (Limited Liability Partnership Identification number) allotted to the LLP is needed to pre-fill the basic data.
- Total obligation of contribution of partners of the LLP
- Total contribution received by all partners of the LLP
- Get DSC of your Designated Partner ready!
What are the Documents to be submitted along with Form 11?
- Details of LLP and/ or company in which partners/designated partners (DP) are directors/ partners (It is mandatory to attach these details in case any partner/ DP is a partner in any LLP and/or director in any other company)
- Any other information can be provided as an optional attachment to the e-Form.
Signing of LLP Form 11
The LLP Form 11 must be digital signed with the digital signature of one of the Designated Partners of the LLP. In case total obligation of contribution of partners of the LLP exceeds Rs. 50 lakhs or turnover of LLP exceeds Rs. 5 crores, then LLP Form 11 needs to be certified by a Company Secretary in whole time practice.
In case total obligation of contribution of partners of the LLP does not exceed Rs. 50 lakhs and turnover of LLP does not exceed Rs. 5 crores, then LLP Form 11 must be certified by the designated partner of the LLP.
What are the consequences of late filing Form 11?
Late Fees: Penalty of Rs. 100 per day is chargeable till the date of filing. As there is no cap on the penalty, the amount would increase over time. Hence, it is important to file the on time to avoid heavy penalty.
Aspects to note
Points to be noted regarding closing of Financial Year in respect of filling of forms before due date is mentioned as below
- LLP’s registered upto 30th September of any year : have to mandatorily close their financial year as on immediate 31st March
- LLP’s registered between the period starting from the 1st October to 31st March of that year, have an option either to close financial year as on immediate 31st March or next year 31st March .
Steps to be followed to fill Form 11
STEP 1:- Download the form with instruction kit from mca.gov.in.
STEP 2:- Find out your LLPIN
LLPIN (LLP Identification Number) can be obtained from mca.gov.in,under MCA services. Write your LLP name and all LLP registered to MCA containing words you have provided, will be displayed. Choose your LLP and get the LLPIN corresponding to it.
STEP 3:- Pre-fill the Details of LLP form-11
Fill Year for which this form relates and Start date of financial year for which annual return is being filed for the Year 2015 it must be 01.04.2014 and after that mention your Limited Liability Partnership identification number (LLPIN) and then click on Pre-Fill button.All details upto Point no. 8 will be displayed automatically.
Total monetary value of obligation of contribution (Capital Contribution) as on above date will be automatically appearing and it will be as per Form 11 – Annual Return as filed by you.
STEP 4: Mentioned Amount
After using Pre-Filing Button now Come to point no. 8 (d) that is Total contribution received by all partners of the LLP (in Rs.) in that dialogue box mention the amount of Contribution received by All partners say for example Rs. 50,000/-, then mentioned the same.
In Point No. 9 do not mentioned any thing
STEP 5 : Details of individual(s) as partners
Now Come to Point Number 10 that is Details of individual(s) as partners
In that point Designation will automatically captured along with Designated Partner Identification number (DPIN)/ Income tax permanent accountnumber (Income-tax PAN)/ Passport number.
STEP 6 : Details of individual(s) as partners
So now just click on Pre-Fill button all the details of partner will automatically captured.
STEP 7 : Details of individual(s) as partners
The above mentioned Contribution received and accounted for (in Rs.) dialogue box, this is the amount which is required to be filled by you. Practice caution while filling out Individual contribution amount of all the partners as it should ultimately add up to Total Contribution mentioned in point 8 of Form 11. Same process shall be required to be done for all Partners.
STEP 8 : Details of bodies corporate as partners
In Point no. 11 the details of bodies corporate as partners required to be mentioned. If an partner is a body corporate, Corporate identity number (CIN) or Foreign company registration number (FCRN) or Limited liability partnership identification number (LLPIN) or Foreign limited liability partnership identification number (FLLPIN) or any other identification number DPIN, and click on pre-file button all the details of partner will be auto captured.
STEP 9 : Summary of designated partner(s)/partner(s) as on 31st March of the period for which annual return is being filed.
The details in point 12 are pre-filled.
STEP 10 : Particulars of penalties imposed on the LLP as well as Partners :
In point no. 13 (i) if any penalty is imposed on LLP and in point no. 13 (ii) if any penalty is imposed on partners then it should be required to be mentioned otherwise keep it as blank.
STEP 11: Particulars of compounding offences :
Fill in the details of Compounding offences, if any.
STEP 12: Whether turnover of the LLP exceeds 5 crores :
Tick box Yes/No to provide if your turnover exceeds 5 crores or not. This is one of the criteria to determine if your LLP Annual Return would require a DSC of a Company Secretary or not.
Now attach the details of company(s)/ LLP(s) in which partner/ designated partner is a director/ partner, as the case may be,in the required format as an attachment.
STEP 13 : Verification :
After making necessary attachment now comes to the verification in that case make click on button saying “To the best of my knowledge and belief, the information given in this form and its attachment is correct and complete”
Attach the Digital Signature of Designated Partner along with their DPIN.
STEP 14 : Certification
After making verification to the certification, click on button saying “I certify that Annual Return contains true and correct information”
Attach the Digital Signature of Designated Partner along with their DPIN.
STEP 17 : Company Secretary Certification:
- Turnover of the LLP exceeds Rs. 5 crores or;
- Partner’s Total Contribution exceeds Rs. 50 lacs
Then in either of the cases the LLP would be required to get their Form 11 Digitally signed by a Company Secretary.
STEP 18:- Pre-scrutiny
Use Check Form utility to see if any more information is required for form completion. On no error message, including the digital signature of person who is verifying the furnished details. Perform Pre-scrutiny. If everything is correct, a pop up-window saying “No Pre-scrutiny errors have found” will be displayed.
Author’s Note: No additional fees shall be charged for late filing during a moratorium period from 1st April to 30th September 2020, in respect of any document, return,statement etc., required to be filed in the MCA-21 Registry, irrespective of its due date, which will not only reduce the compliance burden, including financial burden of companies/ LLPs at large, but also enable long-standing non-compliant companies/ LLPs to make a ‘fresh start‘.