Limited Liability Partnership (LLP) is a type of business entity sharing features of a partnership firm and a company. LLP’s are regulated by the Registrar of Companies, Ministry of Corporate Affairs. LLP is a legal entity, separate from its partners and it has perpetual succession. Some of the major benefits and powers enjoyed by LLPs are the following:
Separate legal entity.
Buying, Selling and Holding of movable, immovable, tangible or intangile assets.
Powers to sue and be sued.
Powers to open bank account.
Powers to employ persons.
Powers to enter into all types of legal contracts.
In line with the powers, all LLPs are required to maintain compliance and file certain statutory filing with the Government each year. In this article, we look at the major compliance requirements for an LLP.
Books of Account
All LLPs must maintain proper books of account relating to its affairs each year on cash or accrual basis. The book of accounts must be kept as per double entry system of accounting at the registered office. In case of LLPs with a turnover of more than Rs.40 lakhs or capital of over 25 lakhs, the accounts must be audited by a Chartered Accountant.
Any LLP that does not comply with the provision of the Act can be punishable with a fine of not less than Rs. 25,000 and to a maximum of Rs. 5,00,000. Further, the designated partner could be punished with a penalty of Rs. 10,000 and Rs. 1,00,000 for non-compliance.
Annual Return Filing
An LLP will have to file 2 types of MCA annual return each financial year, namely Form 8 & Form 11.
Form 8 must be filed within 30 days from the end of 6 months of the financial year along with some prescribed fee. This must be digitally signed by 2 designated partners and it must be certified by a chartered accountant/company secretary/cost accountant. Form 8 has two parts:
Part A – Statement of Solvency
Part B – Statement of Accounts, Statement of Income & Expenditure
The penalty for not filing this form would be Rs. 100 per day until it is compiled.
Form 11 contains details of the number of partners, total number of partners, total contribution received by all partners, details of body corporate as partners and summary of partners. All LLPs should file this form within 60 days from the closure of the financial year with the prescribed fee. Hence, the due date for filing LLP Form 11 is 30th of May each year.
An LLP cannot be wound up or closed until all the annual returns are filed. Hence, it is important to file LLP Annual Return on or before the due date to avoid penalty.
Income Tax Return Filing
All LLPs registered in India are required to file income tax return each year, irrespective of revenue or profits. Hence, even an LLP that is dormant not having undertaken any transaction must file income tax return. Know more about LLP income tax return filing.
Maintenance of Documents
All LLPs are required to maintain its incorporation document, names of partners and changes made, proof of fee payment, statement of account & solvency & annual return filed by LLP with the Registrar at its registered office. The above records should be readily made available for inspection at the request of concerned authorities.