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Corporate Laws Central Ministry of Finance Limited Liability Partnership Act, 2008

Condonation of delay in filing of Form-3, Form-4 and Form-11 under section 67 of Limited Liability Partnership Act, 2008 read with section 460 of the Companies Act, 2013

23-Aug-2023 | 08/2023

Ministry of Corporate Affairs has issued a circular pertaining to the condonation of delay in filing Form-3, Form-4, and Form-11 under section 67 of the Limited Liability Partnership Act, 2008, read in conjunction with section 460 of the Companies Act, 2013.

The circular grants a one-time relaxation in additional fees for Limited Liability Partnerships (LLPs) that were unable to submit Form-3, Form-4, and Form-11 within the stipulated due date.

Key Points of the Circular:

1. Processing under Straight Through Process (STP):
a. Form-3 and Form-4 will undergo processing through the Straight Through Process (STP) mode, except for cases involving changes in business activities.
b. Stakeholders are advised to file these forms sequentially, starting with older event dates to update the master data accurately.

2. Pre-filled Data and Editing:
a. The forms will be pre-filled with data from the existing master data of the LLP. However, the data can be edited to ensure accuracy.
b. Stakeholders are responsible for providing correct data; misrepresentation may result in adverse actions, including potential liabilities for Designated Partners and certifying professionals.

3. Filing Fees:
a. Filing Form-3 and Form-4 without additional fees will be applicable for event dates from 01.01.2021 onwards.
b. For events preceding 01.01.2021, these forms can be filed with additional fees of 02 times and 04 times the normal filing fees for small LLPs and Other than small LLPs, respectively.
c. Filing Form-11 without additional fees will apply for the financial year 2021-22 onwards.
d. For previous years (prior to the financial year 2021-22), Form-11 can be filed with additional fees of 02 times and 04 times the normal filing fees for small LLPs and Other than small LLPs, respectively.

4. Filing Timeline:
The forms can be filed from 01.09.2023 onwards until 30.11.2023

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