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Llp form 3 registration late fee

Arun (Marketing Director) (24 Points)

20 May 2013

My CS delayed by Form3 with ROC for registration of LLP agreement. He said there was an issue with online challan payment and hence the delay.

Now apparently the late fee for this has gone up to Rs.35,000. Is there anyway to dispute this? has anyone been able to get their fine reduced? This king of late fee seems far too high especially for LLP's who are small companies.

Thank you for your help

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7 Replies

Sridhar (Others) (27 Points)
Replied 25 July 2013

Wow! 35k! Were you able to negotiate this ? We were charged Rs.700 as late fee for form 3 e-filing - the MCA website was to blame - we were trying to file for at least a week before we were finally successful. But now we're being asked to re-submit without any explanation. Here's the un-descripttive reason:

This is to inform you that in term of the provisions under Rule 36(6) of LLP rules, 2009, the above-cited LLP Form3 dated 05-07-2013 filed by XYZ LLP vide SRN L001234 has been examined and marked as Sent for resubmission with the following remarks- stamp duty of another 1000/to be paid The defects or incompleteness in any respect in this eForm as noticed by the Registrar have been placed on the Ministry website (www.mca.gov.in). In view of the above, you are therefore, directed that this eForm should be resubmitted complete in all respects by 15-08-2013 failing which the eForm shall be treated as invalid and shall not be taken on record or transaction shall be cancelled.

Anybody have any idea what we should do differently this time around ? I'm going to try the helpdesk number but I don't expect much assistance.

Sridhar (Others) (27 Points)
Replied 30 August 2013

This may be of use to others - stamp duty for LLP agreement in Karnataka is 2000 Rs. If stamp paper of lower value is used, you'll have to re-submit with additional stamp paper. This has been resolved in our case.

Siddhi Shah (Company Secretary) (21 Points)
Replied 20 March 2016

Can any body tell whats is stamp duty on LLP agreement for Uttar Pardesh. Contribution is 30 lacs. Can we pay stamp duty online and how?

Rohit Gupta (8 Points)
Replied 03 December 2016

Hi All,

My Consulant formed my LLP Company in 2012. I have been filing annual compliances (Form-8 and 11) every year. But, now while filing Form-8, System is asking to file Form-3, which consultant did not file at time of incorporation.

I am in a big soup now. I want to wind up company, but system does not allow to upload form-24 as well.

Penalty would be really huge. Please suggest something, if someone found out a way-out.

email: rohitstar8 @ gmail.com

Mobile: 8130453096

CS Vishal Mehta (Self Employed) (436 Points)
Replied 16 February 2017

FILING OF FORM 3 IS OPTIONAL, HOWEVER MADE MANDATORY BY THE MINISTRY BY WRONG INTERPRETATION OF SECTION 23 OF LLP ACT, 2008

SECTION 23 OF LLP ACT, 2008 MANDATES TO FILE FORM 3 ONLY WHEN AGREEMENT IS EXECUTED. AS PER SECTION 23 (1) LLP IS MANDATORY TO GE GOVERNED BY AGREEMENT, HOWEVER IF NO AGREEMENT IS EXECUTED THEN PROVISIONS OF SECTION 23(4) WILL APPLY, EXECUTION IS NOT MANDATORY

I HAVE ALSO FILED ONLINE PETITION ON CHANGE.ORG IN THIS REGARD, IF FOUND PROPER YOU MAY PROCEED TO SIGN THE SAME BY CLICKING ON THE LINK CHANGE.ORG WEBSITE AS UNDER:

https://www.change.org/p/change-in-llp-act-mca-technical-issues?recruiter=675463445&utm_source=share_petition&utm_medium=copylink

Senthil Basuva Raj (2 Points)
Replied 22 March 2017

We also stuck in the same scenario. One of a vendor called MAM Consultancy in Bangalore did LLP registration for us. Because of our ignorance, we didnt know what needs to be filed and timelines. The vendor also didnt take that serious. Now our penalty in INR 1.46 Lakhs. India is no where startup friendly. MCA hasnt send any notification about this to our registered mail ID's. I enquired about this thru PM's mail box. I got a reply stating, notification has been sent to our mail ID. But it is not.

Don't know where to ask, whom to blame. At the end, anyway we have to pay this. Half of the money is spent on tax, remaining half is spent on penalty. Atleast let others learn from us.