B.com ACS
1056 Points
Joined August 2011
Due date of Filing Annual Accounts(Statement of Solvency)
Form 8 to be filed with Registrar of LLPs on or before 30th October every year. For example filing of annual accounts for the financial year 2014-15 were required to be filed before 30th October, 2015.
Due date of Filing Annual Return
Every LLP is required to file Annual Return in Form 11 to the Registrar of LLPs within 60 days from the closure of the financial year. ie the Annual Returns has to be filed on or before 30th May every year. ie 30.05.2015 was the last date of filing annual returns pertaining to the year 2014-15.
Penalty for Non-Filing
If there is delay in filing form no.8 and 11 of LLP, you will have to pay penalty as applicable on today’s date. If filing is not done within stipulated time, there is penalty of Rs. 100 per day till it is complied. You cannot close or wind up your LLP without filing Annual Accounts.
So if you don’t file on time, your LLP turns into unlimited statutory liability till the day it is complied.
The provisions of the Act require LLPs to file the documents like Statement of Account and Solvency (SAS) and Annual Return (AR) ie. Form 8 and Form 11. within the time specifically indicated in relevant provisions.
The LLP Act contains provisions for compounding of offences which are punishable with fine only.
Further, for defaults/non-compliance on procedural matters such as time limits for filing requirements provisions have been made for charging default fees (on daily basis) in a non-discretionary manner.
To avoid all the dangerous consequences of heavy penalty, it would be advisable to comply on time within stipulated due date of filing.
Thanks & Regards,
Arjun Rajagopal