Read Applicability of LLP Settlement Scheme -2020 by CS Shubham Phule



MCA vide its General Circular No. 6/2020 dated 4th March 2020 came out with LLP Settlement Scheme 2020.

To promote ease of doing business  Government came up with one time relaxation in additional fees to the defaulting LLP’s to make good the default by filing pending documents and to become compliant again.

The Scheme will come in to force from 1st March, 2020 and shall remain in force till 30th September, 2020.

Defaulting LLP: Means LLP which has made default in filing documents under the LLP Act, 2008 and rues made thereunder.

Applicability: Defaulting LLP is permitted to file belated documents which were due for filing till 31st August, 2020 in accordance with the provisions of this scheme.

Earlier only the following forms were allowed to file in the scheme without the late fees:-

Sr.No

Form No

Description

1.        

Form No 8

Statement of Account and Solvency

2.        

Form No 11

Annual Return of Limited Liability Partnership

3.        

Form No 3

Information with regard to limited liability partnership agreement and changes, if any made therein.

4.        

Form No 4

Notice of appointment, cessation, change in name/address/designation of a designated partner or partner and consent to become a partner/designated partner

Later on MCA vide its General Circular No. 13/2020 dated 30th March 2020 came with the modification in the scheme and few other forms of LLP were also added as follows:-

  Sr.No

Form No

Description

1.        

Form No  15

Notice for Change of Place of Registered Office

2.        

Form No 5

Notice for Change of Name

3.        

Form No 12

Form for intimating other address for service of documents

4.        

Form No 22

Notice of intimation of Order of Court/Tribunal/CLB/Central Government to the Registrar

5.        

Form No 31

Application for compounding of an offence under the Act

6.        

Form No 23

Application for direction to Limited Liability Partnership to change its name to the registrar

7.        

Form No 29 LLP

Notice of (A) alteration in the certificate of incorporation or registration; (B) alteration in the names and addresses of any of the persons authorised to accept service on behalf of a foreign limited  liability  partnership(FFLP) (C) alteration in the principal place of business in India of FLLP(D) cessation to have place of business in India.

Normal Fees for filing the pending documents:

The defaulting LLP’s  may avail this scheme for filing documents which have not been filed or registered in time with payment of normal fees and no additional fees shall be payable for filing belated documents under the scheme.

Immunity from Prosecution in respect of document filed under the scheme:

The defaulting LLP’s which have filed their documents till 30th September, 2020 and shall made the default good shall not be subject to prosecution by the Registrar for such defaults.

Scheme shall not apply:

The Scheme shall not apply to LLP’s   which have made application under Form 24 to the Registrar for striking off their name from the register as per the provisions of Rule 37(1) of the LLP Rules, 2009.

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