Form 4 is needed to be furnished for every appointment, cessation, and amendment in the name /address/designation of a designated partner or partner. While it is essential to note the manner in which these forms are filed. Also in additional cases, we are required to furnish 2 form MCA LLP 3 and MCA LLP 4 separately and in some scenarios, they are filed as linked forms. The following are the cases varied from each other in which we can see the solution to the same concern:
- If you want to only revise the Designation or Change in Nominee then you need to furnish Form 4 along with Form 3 as a linked form to it for change in LLP Agreement.
- When you want to execute only Appointment or only Cessation, then file the same forms as the linked forms. If you want to file two or more events (for eg, appointment & cessation) relating to the same person, then you are required to file separate forms as these events cannot be filed through the same form.
MCA LLP Form 4 Filing
Post to admitting/cessation/change in name, address or designation of the partner, the partner, LLP must furnish Form 4 within 30 days from the admission/cessation/change in name, address or designation of the partner date. MCA LLP Form 4 should be signed by the designated partner. The form must pose a statement of permission by the newly placed partner. The form must be attended by a certificate via Company Secretary/Charted Accountant/Cost Accountant in practice mentioning that he or she has validated the important particulars, along with the books and records of the limited liability partnership, and seen as correct.
MCA LLP 4 Form Government Fee for the Admission of Partner
The Government fee for filing Form 4 to admit/cease/change in name, address or designation of a Partner in an LLP is mentioned as:
| Purpose of Webform | Normal Fee | Additional (Delay Fee) | Logic for Additional Fees | |
|---|---|---|---|---|
| Event Date | Time limit (days)for filing | |||
| Notice of appointment,cessation, change in name/address/designation of a Designated Partner or partner and consent to become a Partner/Designated Partner | Refer Table 1 | Refer Table 2 | Date of Event | 30 days from the date of the event |
Table A
| Small LLPs/Other than Small LLPs | Fee applicable (INR) |
|---|---|
| For Small LLPs | 50 |
| For Other than Small LLPs | 150 |
Table 2: Additional Fees in case of delay in filing of forms
| Period of Delay | Additional fee payable for Small LLPs (INR) | Additional fee payable for Other than Small LLPs (INR) |
|---|---|---|
| Up to 15 days | 1 times of normal filing fees | 1 times of normal filing fees |
| More than 15 days and up to 30 days | 2 times of normal filing fees | 4 times of normal filing fees |
| More than 30 days and up to 60 days | 4 times of normal filing fees | 8 times of normal filing fees |
| More than 60 days and up to 90 days | 6 times of normal filing fees | 12 times of normal filing fees |
| More than 90 days and up to 180 days | 10 times of normal filing fees | 20 times of normal filing fees |
| More than 180 days and up to 360 days | 15 times of normal filing fees | 30 times of normal filing fees |
| Beyond 360 days | 25 times of normal filing fees | 50 times of normal filing fees |
Read Also: Simple Tips to File LLP Form 11 Annual Return with Due Date
MCA LLP 4 Form Attachments
- Authorization to act as a partner/designated partner (Compulsory if form is furnished for appointment of partner/ designated partner)
- Evidence of cessation (Obligatory if form is furnished for cessation of partner/ designated partner)
- Affidavit or any additional proof of amendment of name (obligatory for form is furnished for the amendment in the name of existing partner).
- In which the appointed partner is a body corporate, copy of the resolution on the letterhead of the same body corporate to become a partner in the proposed LLP and a copy of resolution or authorization of this body corporate indeed on the letterhead specifying the name and address of the person nominated to act as nominee or designated partner on its ground (obligatory when the form is filed for the appointment of the body corporate as partner or amendment in the nominee of the body corporate)
- Any additional data would be given as an optional attachment.
LLP Digital Signature for Designated Partner
E-form must be digitally signed via the designated partner of LLP. For the case, the e-form is furnished towards cessation of partner/ designated partner, the person who signs the form must vary from the person for whose name it is being furnished. Insert the designated partner identification number (DPIN) of the DP.
LLP Form 4 Certificate
The e-form must be certified by a chartered accountant (in whole-time practice ) or cost accountant (in whole-time practice) or company secretary (in whole-time practice) by digitally signing the e-Form. Choose the related class of the professional, if he or she is an associate or fellow. Insert the membership number if the professional is a chartered accountant (in whole-time practice) or cost accountant (in whole-time practice). Towards the case of the practising professional who is a company secretary (in whole-time practice), insert the certificate of practice number.
Important Notes
- If the webform is to be filed with different event dates (date of appointment, date of change in designation, date of cessation, date of change in nominee etc.), then the single form can be only if these dates are within 30 days of the filing date. If any of the date(s) are beyond 30 days, then a separate form is to be filed for every such event date.
- Details of only 500 Designated Partner(s) and Partner(s) can be provided in this form. If exceeded, the user is required to file details of additional Designated Partner(s) and Partner(s) by filing LLP Form No. 4 again.
- If another Form 4 is pending for payment of fee, or another Form 4 is under processing in respect of the LLP, the new form shall not be allowed in case there is
- If the number of Designated Partners is reduced below 2 (two) by cessation/ change in designation of Designated Partners, the additional Designated Partners should be appointed within 6 months, otherwise, the LLP shall not be allowed to file any form on the LLP portal.
- Minimum one of the Designated Partners in the LLP after considering changes as per Form 4 should be a resident of India i.e. who has stayed in India not less than 182 days during the immediately preceding 1 year
