Today we will discuss the recent Amendment made by MCA regarding fees payable by LLP, there was long-standing demand for the reduced filing fees for LLPs, In the ease of doing initiatives of the government of India, the new Reduced Late Fee for LLP will come out to be a game-changer for Small LLP.

The new amended rules will be applicable from the 01st day of April 2022.

In this Article we will discuss Step-by-Step Procedure to Open a Bank Account for an LLP in India, The concept of a Limited Liability Partnership (LLP). An LLP is a corporate business vehicle that provides the flexibility of a partnership and the benefits of limited liability for a company at a low compliance cost.

Prepare Necessary Documents:

Gather all required documents to open a bank account for an LLP in India. The documents include:

• A copy of the LLP agreement.
• A copy of the LLP’s incorporation certificate.
• A list of all the partners, along with their identification and address proof.
• A copy of the resolution to open a bank account, stating who is authorized to operate the account on behalf of the LLP. Note: All these documents need to be certified by a designated partner.

Choose a Suitable Bank:

Based on your LLP’s needs, choose a bank that fits best. Consider factors like services offered, fees, ease of access, and customer service.

Arrange a Meeting with Bank Officials:

Once you have chosen a bank, schedule a meeting with the bank officials. You could do this by visiting the branch or contacting them through their customer service.

Submit Documents and Application:

During the meeting, submit all the necessary documents, a duly filled application form, and the initial deposit amount. Make sure to check the application form for any errors or missing information.

Verification of Documents:

The bank officials will verify the documents. This process might take some time, depending on the bank’s procedures.

Opening of the Account:

If everything is in order and the documents are verified, the bank will proceed to open the account. They will provide you with the account details, cheque book, and other relevant information.

Remember, opening a bank account for an LLP in India may seem like a lengthy process, but with the right information and preparation, it can be quite straightforward. A bank account is crucial for managing the financial transactions of your LLP, so take the necessary time and steps to open one correctly.

Limited Liability Partnership (LLP) is a separate legal entity and Separate from Its partners, LLP is governed by LLP Act, 2008, LLP Rules, and in accordance with LLP agreement, LLP act and rules provides for the Annual Returns that are required to be filed by LLP (LLP Annual Filing) to Registrar of Companies by every LLP. beside compliances of LLP Act and rules LLP is required to file its Income tax return and Tax Audit report if required, and designated partners of LLP is required to complete there annual DIN KYC every year, all this comes under LLP Annual Filing, below we have discussed main LLP annual filing that is required to be done by every LLP:

LLP Annual Filings Calendar

LLP Form 11 ROC LLP Filing

LLP Form 11 is required to be filed by every LLP, Even if LLP has not carried out any business activity LLP Form 11 is mandatorily required to be filed. LLP Form 11 is also known as LLP Annual Return and it contains information about the ownership structure of LLP like Capital Contributed by each designated partner or partner, who are the partners of LLP as on the financial year ending date for which Form 11 is required to be filed.

Mandatory Attachment of Form 11 – In Form 11 a document in respect of Designated partners and partners is required to be attached which contains details in which the designated partner of LLP is the Director or Partner.

LLP Form 8 ROC LLP Filing

LLP Form 8 is required to be filed by every LLP, LLP Form 8 is filed with respect to Statement of Accounts and solvency, In general, this form is required to be filed for filing LLP Annual Accounts to ROC. So before Filing this form LLP is required to be prepare and finalize its books of accounts, otherwise, it is not possible to file this form. LLP Audit is also done under this where Auditor is required to Digitally signed this form, in case LLP is required to get its accounts audited, Presently Limit for LLP Audit is Rs. 40 Lakh for turnover and Rs. 25 Lakh for Capital Contribution, if either exceeds this limit LLP is required to get its accounts audited.

DIR-3 KYC for Designated Partners of LLP (LLP Annual Filing)

DIR-3 KYC is mandatory for every designated partner of LLP, non-filing will lead to a fee of Rs. 5000 for activation of DIN of designated partner. The due date for filing DIR-3 KYC is 30th September.

Income Tax Return of LLP (LLP Annual Filing)

Every LLP whose accounts are not required to be audited is required to file its Income Tax return on or before 31st July. For Audited LLP the due date is 30th September.

GST Return of LLP (LLP Annual Filing)

If LLP has GST Registration, then LLP is required to file Applicable GST returns like GSTR3B, GSTR1, GSTR9, and other applicable returns on a monthly, quarterly or yearly basis as and when applicable.

TDS Return of LLP

If LLP has made payments that are required to pay after deduction of Tax at source, The TDS amount is required to be deposited before the 7th of next month and is required to file a Quarterly TDS return.

In this article we will discuss about How to Change Partners in an LLP, Changing partners in a Limited Liability Partnership (LLP) is a regulated procedure in India, governed by the provisions of the Limited Liability Partnership Act, 2008 and rules made thereunder. The process involves a number of steps, from obtaining the consent of existing partners to filing the necessary forms with the Ministry of Corporate Affairs (MCA). Here’s a comprehensive guide to help you understand and execute this process smoothly.

Step 1: Convene a Meeting of Existing Partners

Convene a meeting of the existing partners to discuss the proposed changes in the LLP’s partnership. It’s crucial to obtain the consent of the existing partners for the change. The decision must be recorded in the form of a resolution.

Step 2: Obtain Consent from the Incoming/Outgoing Partners

Once the existing partners have approved the change, you must obtain written consent from the incoming partner(s) who is/are willing to join the LLP and from the outgoing partner(s) who is/are willing to leave the LLP.

Step 3: Execute Supplementary LLP Agreement

Draft a supplementary LLP agreement that sets forth the terms and conditions of the new partnership structure. This agreement is an amendment to the original LLP agreement and should be executed on a non-judicial stamp paper of requisite value, as per the state laws.

Step 4: File Form 3 with ROC

File Form 3 (Information with regard to limited liability partnership agreement and changes, if any, made therein) with the Registrar of Companies (ROC) within 30 days of executing the supplementary LLP agreement. This form contains information about the amendments to the LLP agreement.

Document Checklist for Form 3:

• Signed supplementary LLP Agreement
• Consent of new partners
• Consent for resignation from outgoing partners

Step 5: File Form 4 with ROC

Form 4 (Notice of appointment, cessation, change in name/ address/ designation of a designated partner or partner. and consent to become a partner/designated partner) must be filed with the ROC within 30 days of the change in partnership to provide notice of the appointment of a new partner and the resignation or cessation of an old partner.

Document Checklist for Form 4:

• Consent to act as a partner or designated partner (from the new partner)
• Resignation letter (from the outgoing partner)
• Identity and address proof of the incoming partner

Step 6: Update LLP Stationery and Other Records

Once the ROC has approved the changes, update all business stationery, official records, and other places where the old partnership details are listed. This includes letterheads, invoices, the LLP’s official website, and signs if applicable.

Step 7: Inform Banks and Other Concerned Authorities

Inform all banks where the LLP holds accounts about the change in partnership. Provide them with the updated partnership agreement and resolutions, as required. Also, notify any other concerned authorities or government bodies about the change in the structure of the LLP.

Conclusion

Changing partners in an LLP requires careful attention to legal requirements and prompt filing of necessary documents. Always ensure that you adhere to the deadlines and keep a copy of the filed forms and acknowledgement receipts from the ROC for your records. It’s often advisable to seek professional help to navigate the process to prevent any legal issues that might arise due to non-compliance with the statutory requirements.