Limited Liability Partnership is a hybrid of company and partnership firm. It provides benefits of limited liability of a company and gives its members the flexibility for organizing their internal structure as a partnership firm.
LLP Registration in India is governed by the Limited Liability Partnership Act, 2008 and Limited Liability Partnership Rules, 2009. The Act and rule mandate the LLP to file various returns/ statement. The following table lists down the compliance to be fulfilled by the LLP on a yearly basis under the company law –
|Sr. No.||Respective Form||Particulars||Due date|
|1||LLP Form – 11||Annual Return of Limited Liability Partnership (LLP)||30th May|
|2||LLP Form 8||Statement of Account & Solvency||30th October|
Provisions of section 34 (3) of the Limited Liability Partnership Act, 2008 read with rule 24 of the Limited Liability Partnership Rules, 2009 mandates every LLP to prepare a Statement of Account and Solvency for every financial year. Each and every LLP, irrespective of turnover, is required to furnish ‘Statement of Account & Solvency’ in Form 8.
LLP Form 8 covers a declaration on the state of solvency of the LLP. Further, it also includes information relating to the statement of income and expenditure and statement of assets and liabilities of the LLP.
The present article provides a briefing on Form 8 covering points like due date, attachments, signature requirement, the penalty for non-filing etc.
The due date for filing LLP Form 8
Every LLP is required to file Form 8 within a period of 30 days from the end of 6 months of the respective financial year. Accordingly, the due date of Form 8 would be 30th October.
List of Attachments to Form 8
- Disclosure under Micro, Small and Medium Enterprises Development Act, 2006 (this attachment is mandatory).
- Audited Financial Statement (if applicable).
- Statement of Contingent Liability (if contingent liability exists).
- Any other additional documents, as required.
The signature requirement of Form 8
- Form 8 needs to be digitally signed by a minimum of two designated partners of LLP (authorized representative in case of Foreign LLP).
- Additionally, Form 8 needs to be certified by the Auditor. Such auditor’s certificate is required only in case if the total turnover of LLP exceeds INR 40 Lakhs or the partner’s obligation of contribution exceeds INR 25 Lakhs.
It should be noted that Form 8 can be certified either by the Chartered Accountant (in whole-time practice) or the Company Secretary (in whole-time practice) or the Cost Accountant (in whole-time practice).
Penalty for non-filing of Form 8
In case the LLP fails to file Form 8, then, a penalty of INR 100 per day is payable from the due date of filing of Form 8 till actual filing of the Form.
Important points to be taken care of
- Every LLP registered on or before 30th September 2018 are required to mandatorily file a statement in Form 8 for the Financial Year ending on 31st March 2019.
- The due date for filing Form 8 for the Financial Year ending on 31st March 2019 would be 30th October 2019.
- Filing fees of Form 8 are tabulated below:
|Contribution of LLP||Filing fees of Form 8|
|Up to INR 1 Lakhs||INR 50|
|More than INR 1 Lakhs up to INR 5 Lakhs||INR 100|
|More than INR 5 Lakhs up to INR 10 Lakhs||INR 150|
|More than INR 10 Lakhs||INR 200|
It should be noted here that, in case of Foreign Limited Liability Partnership, the filing fees of Form 8 are INR 1000.