In this article, there is a discussion about the circular issued by the Ministry of Corporate Affairs dated 31st May 2022 towards LLP. Through this circular MCA has relaxed other fees on LLP forms because of technical issues suffered by the corporates on the MCA website. Under the circular, MCA has extended the last date of several forms of LLP up to 30th June 2022.
Privilege in furnishing the additional fees for the late filing of all the event-based e-forms by LLPs which are left on and post to 25th February 2022 to 31st May 2022 up to 30th June, 2022-reg.
Ministry has obtained the representations asking to postpone the timelines for furnishing the event-based forms by LLPs without furnishing some more fees for the transition from version-2 of MCA-21 to version-3. Learning these representations and promoting the compliance on the portion of LLPs, the same is being decided to permit LLPs to furnish several events-based LLP e-forms, due dates of which arrive between 25th February 2022 and 31st May 2022, without paying additional fees up to 30th June 2022.
A limited liability partnership stands for a partnership where some or all partners have limited liabilities. It thus could indicate elements of partnerships and corporations.
In this Circular, Which Forms of LLP Come?
Up to a certain limit, MCA does not restrict this circular. The same circular is relevant to all the forms of LLP.
What is the Method to Check, If Your form Comes Beneath this Circular for Relaxation or Not?
An easier way to check the availability of relaxation for your form is
- “Due Date of Form should fall between 25 Feb 2022 to 31 May 2022.”
- Even the date should be on or after 26th January 2022.
B: The cases will not come in circular
The below-mentioned forms will not take any advantage of this circular.
- A. If the last date of the Form is on or before 24th February 2022.
- B. If the last date of Form is on or after 1st June 2022
General Queries on Filing of LLP E-Forms
Q.1 – On the date 15th, February 2022 If LLP has entered into an agreement and the form has not been furnsihed. Whether LLP could furnish this form without extra fees?
As LLP-3 needed to get furnished in 30 days of coming into the agreement. LLP inserted in the agreement dated 15th Feb 2022 then the last date of LLP-3 would be 17th March 2022.
17th March 2022 will come between the criteria of the last date prescribed in the circular, the last date between 25th Feb 2022 to 31st May 2022. Hence the LLP could furnish these LLP-3 excluding any other fees till 30th June 2022.
Q.2 – What is the event date for the circular benefits?
Most of the forms of LLP must be furnished within 30 days of the event. Acknowledging that one could say that the date must be on or post to 26 January 2022 to avail the advantage of the same circular.
If the date is on or prior to 25th January 2022 then these LLP could not avail the advantage of the same circular. (except Incorporation, Name Change, according to the LLP act Name is valid for 90 days)
Q.3 – when the name of LLP is approved, while the last date of FiLLiP comes between 25 Feb to 31 May, whether these FiLLiP could furnish till 30 June 2022?
Since the MCA is provided an extension and relaxation from extra fees to all LLP forms comes between 25th Feb to 31st May.
If any name is approved on or post 27th Nov 2021 then FiLLiP could be furnished till 30th June 2022.
Q.4 – If any for is in Resubmission as on 25th February 2022 and the last date of resubmission lapsed because of non-working MCA Site. Will this type of form get an advantage beneath this Circular?
From extra fees to all LLP forms that come between 25 Feb to 31 May (Actual Due Date or Resubmission Due Date) would be provided with an extension and relaxation by MCA.
Hence, all the forms that were in Resubmission as of 25th February 2022 shall get an extension for resubmission till 30th June 2022 beneath this circular.
