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LLP Compliance

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Overview

What is a LLP Compliance?

A Limited Liability Partnership (LLP) is a hybrid business structure that combines the flexibility of a partnership with the limited liability feature of a company. It is registered and regulated under the Limited Liability Partnership Act, 2008 and the rules framed thereunder. Like a company, an LLP is a separate legal entity, and it is required to fulfil certain statutory obligations every year, commonly referred to as “LLP Compliance,” irrespective of whether the LLP has carried out any business activity during the year.

Note on LLP Compliance

Annual & Event-Based Compliance for a Limited Liability Partnership under the LLP Act, 2008

1. Introduction

A Limited Liability Partnership (LLP) is a hybrid business structure that combines the flexibility of a partnership with the limited liability feature of a company. It is registered and regulated under the Limited Liability Partnership Act, 2008 and the rules framed thereunder. Like a company, an LLP is a separate legal entity, and it is required to fulfil certain statutory obligations every year, commonly referred to as “LLP Compliance,” irrespective of whether the LLP has carried out any business activity during the year.

LLP Compliance is broadly classified into Mandatory (Annual) Compliance, which recurs every financial year regardless of turnover, and Event-Based Compliance, which arises only when certain specific events take place, such as change in partners, change of registered office, or change in the LLP Agreement.

2. Salient Features of LLP Compliance

Mandatory in nature

Annual filings such as Form 11 and Form 8 must be filed by every LLP each year, even if it has not commenced business or had NIL transactions.

Governed by statute

Compliance is governed by the LLP Act, 2008, the LLP Rules, 2009, and the Income Tax Act, 1961, and is administered by the Ministry of Corporate Affairs (MCA).

No mandatory audit below threshold

Unlike a company, an LLP is not required to conduct a statutory audit unless its annual turnover exceeds Rs. 40 Lakhs or its contribution exceeds Rs. 25 Lakhs.

Income Tax Compliance is Separate

Filing of income tax return (typically Form ITR-5) under the Income Tax Act, 1961 is separate from and in addition to the annual filings (Form 11 and Form 8) required under the LLP Act.

3. Frequently Asked Questions (FAQs)

Collapsible FAQs (or accordions) let visitors browse questions and click to expand answers, keeping pages uncluttered

What happens if there is a change in partners during the year? +
Ans. Any change in partners, whether addition, resignation, or change in their contribution, must be intimated to the ROC by filing Form 4 within 30 days of the change, along with the relevant consent/resignation documents.
Can an LLP's name be struck off by the ROC for non-compliance? +
Ans. Yes. The Registrar of Companies can initiate suo-motu strike-off of an LLP that has not commenced business or has remained inactive and has failed to file its statutory returns for a continuous period, after following the due process under the LLP Rules.
Is professional certification required for LLP compliance filings? +
Ans. Form 8 requires certification by a Designated Partner and, in most cases, by a practicing Chartered Accountant/Company Secretary/Cost Accountant, particularly where the LLP is subject to audit.
Where are LLP compliance forms filed? +
Ans. All LLP compliance forms are filed electronically on the Ministry of Corporate Affairs (MCA) portal (www.mca.gov.in) using the Digital Signature Certificate (DSC) of a Designated Partner.
Does an LLP need to hold an Annual General Meeting like a company? +
Ans. No. Unlike a company, an LLP is not statutorily required to hold an Annual General Meeting. Its internal governance and meeting requirements, if any, are governed by the terms of the LLP Agreement.


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