The Ministry of Corporate Affairs, (MCA) on August 23, 2023, issued a notification regarding the 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
The following salient features have been stated namely: -
• It states that Form-3 and Form-4 would be processed under Straight Through Process (STP) mode for all purposes except for changes in business activities.
•The stakeholders are advised to file these forms in a sequential manner i.e., the filing for old events dates may be filed first and so on so as to update the master data in a proper manner.
• The pre-filled data as per existing master data of the LLP shall be provided in each of the above-mentioned forms but the same shall have the facility to edit. The onus of filing correct data would be on the stakeholders. In case of misrepresentation, the Designated Partner and the professional certifying the form may be liable for adverse action as per provisions of the law.
• The filing of Form-3 and Form-4 without additional fees shall be applicable for the event dates January 01, 2021, and onwards. For events dated prior to January 01, 2021, these forms can be filed with 02 times and 04 times normal filing fees as additional fees for small LLPs and Other than small LLPs respectively.
• The filing of Form-11 without additional fee shall be applicable for the financial year 2021-22 onwards. Form-11 for previous years (prior to the financial year 2021-22) can be filed with 02 times and 04 times of normal filing fee as an additional fee for small LLPs and Other than small LLPs respectively.
• These forms shall be available for filing from September 01, 2023, onwards till November 30, 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.
[Circular No. 08/2023]
