LLP SETTLEMENT SCHEME, 2020
LLP SETTLEMENT SCHEME, 2020
Ø Background:-
The Ministry of Corporate Affairs (MCA) has launched the
Limited Liability Partnership LLP Settlement Scheme, 2020. The Period of the
scheme as under
|
Scheme Commencement
date
|
16th March,2020
|
|
Scheme End date
|
13th June,2020
|
It has been observed that due to
applicability of additional fee on late filing, which in case of inordinate
delay could actually become a financial burden, a large number of Limited
Liability Partnerships (LLPs) have remained non-compliant, mainly on account of
their inability to pay late fees for the cumulative period of delay.
As part of Government’s constant
efforts to promote ease of doing business, it has been decided to give a
One-time relaxation in an additional fee to the defaulting LLPs to make good
their default by filing pending documents and to serve as a compliant LLP
in future. Accordingly, the Central Government has decided to introduce a
scheme namely “LLP Settlement Scheme, 2020”, by allowing a One-time condonation
of delay in filing statutorily required documents with the registrar.
Ø Applicability:
-
Defaulting LLP: Any “defaulting
LLP” is permitted to file belated documents, which were due for filing till 31st
October, 2019 in accordance with the provisions of this Scheme. i.e. Forms
that are due till 31st October,2019 can only be
considered for the said scheme.
“Defaulting LLP” means LLP registered
under the Limited Liability Partnership Act, 2008 which has made a default in
filing of documents on the due date(s) specified under the LLP Act, 2008 and
rules made there under.
Ø Specified
Forms: -
(i.) Form-3-
Information with regard to limited liability partnership agreement and changes,
if any, made therein;
(ii.) Form-4-
Notice of appointment, cessation, change in name/ Address / designation of a
designated partner or partner and consent to become a partner/ designated
partner;
(iii.) Form-8
- Statement of Account & Solvency (Annual or Interim);
(iv.) Form-11-
Annual Return of Limited Liability Partnership (LLP).
Ø Additional Fee/Penalty:-
The defaulting LLPs may file forms by making payment of additional
fees of INR 10/- per day for each day during which the
default continues (instead of INR 100/- for each day of such delay
in addition to any fee as is payable as per section 69 of Limited Liability
Partnership Act, 2008) subject to a maximum of
INR 5,000/- per Form.
Ø Scheme
not apply:-
This Scheme shall not apply to LLPs
which has made an application in Form 24 to the Registrar, for striking off its
name from the register as per provisions of Rule 37(1) of the LLP Rules, 2009.
Ø Immunity from prosecution:-
The defaulting LLPs, which have filed
their pending Forms till 13th June, 2020 and made good the default, shall not be
subjected to prosecution by Registrar for such defaults.
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