Form 3 LLP: forms

Each LLP registered in India in accordance with the LLP Act 2008 and LLP Rules need to file form 3 after getting its certificate of incorporation. Filing the LLP agreement in form 3 to get the approval from ROC is the last step to get your LLP registered.

What is Form-3

Pursuant to Rule 21(1) & (2) of Limited Liability Partnership Rules, 2009 every LLP required to file form 3 to ROC (Registrar of Companies) containing the information with regard to Limited Liability Partnership Agreement and changes, if any, made therein. Once the ROC get satisfied and approve the LLP Agreement, LLP can start its business.

 

 

Contents of Form- 3

 

Part A- For filing information with regard to LLP Agreement

 

  • Place and date of agreement
  • Obligation to contribute
  • Mutual Rights and Duties of Partners
  • Restrictions, if any, on the partners authority
  • Management and Administration of LLP
  • Details of agreement relating to admission, retirement, cessation, expulsion and resignation of a partner
  • Clause relating to resolution of disputes
  • Information relating to voluntary winding up
  • Information of clauses in the agreement
  • Any other information or clause relating to the LLP Agreement not covered above

 

Part B- Filing information with regard to changes (addition, omission or alteration) in the LLP Agreement

 

  • Date of modification of the agreement
  • Whether change in agreement is on account of- change in business activities/partner(s)/partners’ contribution and percentage of profit sharing.
  • Description of business activities, after change
  • Total monetary value of contribution, after changes

 

Attachments-

  • Initial LLP Agreement
  • Supplementary/ amended LLP agreement containing changes
  • Optional attachments, if any

 

Form 3 is to be digitally signed by one of the designated partners and certified by Chartered Accountant/ Cost Accountant/ Company Secretary who is in whole time practice.

 

Due date for filing Form 3

Every LLP registered with MCA (Ministry Of Corporate Affairs) need to file e-form 3 within 30 days from the date of receipt of Certificate of Incorporation.

 

Penalty for non-filing of Form 3

If in case LLP fails to file the form 3 within the stipulated time then it will attract a penalty of Rs.100 per day, and no maximum limit is prescribed. Fine shall continue till the filing of the form.

Filing fees for Form 3

Contribution

Filing Fees

Upto Rs.1,00,000

Rs.50

Rs.1,00,001 to Rs.5,00,000

Rs.100

Rs.5,00,001 to Rs.10,00,000

Rs.150

Rs.10,00,001 & above

Rs.200

 

Stamp Duty for LLP Agreement

Contribution

Stamp Duty

Upto Rs.100000

Rs.1,000

Rs.1,00,001 to Rs.2,00,000

Rs.2,000

Rs.2,00,001 to Rs.3,00,000

Rs.3,000

Rs.3,00,001 to Rs.5,00,000

Rs.5,000

Rs.5,00,000 & above

Rs.10,000

 

From Form 3 LLP
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