Central Government in exercise of its power under Section 460 of the Companies Act, 2013 (extended to LLPs vide Gazette Notification No. G.S.R. 59(E) Dated 30th January, 2020 uls 67 (2) of the Limited Liability Partnership Act, 2008)has decided to introduce a scheme namely “LLP Settlement Scheme, 2020”, by allowing a One-time condonation of delay in filing statutorily required documents with the Registrar.
The details of the scheme are as under:
(i.) This scheme shall come into force on the 16th March, 2020 and shall remain in force up to 13th June, 2020.
(ii.) Definitions: In this scheme, unless the context otherwise requires, –
(a) “Act”means the Limited Liability Partnership Act, 2008;
(b) “LLP” means a LLP as defined in Section 2 (n) of the Limited Liability Partnership Act,2008;
(c) “defaulting LLP” means a LLP registered under the Limited Liability Partnership Act, 2008 which has made a default in filing of documents on the due date(s) specified under the LLP Act, 2008 and rules made there under;
(iii.) Applicability:- Any “defaulting LLP” is permitted to file belated documents, which were due for filing till 31st October, 2019 in accordance with the provisions of this Scheme:
(iv) Manner of payment of fees and additional fee on filing belated document for seeking immunity under the Scheme – The defaulting LLPs may themselves avail of the scheme for filing documents which have not been filed or registered in time on payment of additional fee Rs 101- per day for delay in addition to any fee as is payable for filing of such document or return, provided that such payment of additional fee shall not exceed Rs. 5,0001 – per document.
(vi) Immunity from prosecution in respect of document(s) filed under the scheme – The defaulting LLPs, which have filed their pending documents till 13th June 2020and made good the default, shall not be subjected to prosecution by Registrar for such defaults.
(vii.) Scheme not to apply to certain documents-
(a.) This Scheme shall not apply to the filing of documents except the following documents:-
(i.) Form-3- Information with regard to limited liability partnership agreement and changes, if any, made therein;
(ii.) 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;
(iii.) Form-S; Statement of Account & Solvency (Annual or Interim);
(iv.) Form-11- Annual Return of Limited Liability Partnership (LLP).
(b.) This Scheme shall not apply to LLPs which has made an application in Form 24 to the Registrar, for striking off its name from the register as per provisions of Rule 37(1) of the LLP Rules, 2009.
9. On the conclusion of the Scheme, the Registrar shall take necessary action under the LLP Act, 2008 against the LLPs which have not availed this Scheme and are in default in filing of documents as required under the provisions of LLP Act, 2008 in a timely manner.
Ministry of Corporate Affairs
[Circular dt. 04-03-2020]
