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ROC Annual compliance of LLP
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ROC Annual compliance of LLP
Introduction to ROC Annual Compliance for LLP
A Limited Liability Partnership is a separate entity, just like Companies. It is governed by the Limited Liability Partnership Act 2008 which stipulates that the partners must maintain the correct book of account and file the same as an annual report with the Ministry of Corporate Affairs. The LLP does not have to undergo a statutory audit of its accounts unless the turnover is over Rs.40 lakhs, or the contribution is above Rs.25 lakh. It is therefore not compulsory for LLPs that do not fall within the specified limit to have their books audited. Making the annual filing process easier.
Limited Liability Partnerships are required to submit two main returns, namely: The Statement of Account and Solvency must be filed within thirty (30) calendar days of the end date of the first six (6) months. An Annual Return is due within sixty (60), days of the end date of the fiscal year. The LLPs must maintain the Financial Year i.e. The Financial Year is from the 1st of April to the 31st of March. The Statement of Account & Solvency must be completed by the 30th of October of each financial year. The annual return for LLPs is due every 30th of May, regardless of whether the LLP had finished its business or not. Certain forms are mandatory to file, regardless of whether the LLP is in business or not.
Types TDS Return Forms:
Annual Filing Forms for LLP:
Form 11
Form 11 is the annual statement. Each LLP must file an Annual Return on Form 11 with the Registrar in 60 days after the close of the financial year. The Annual Returns must be filed by the 30th of May each year.
Form 8
Form 8 is an account statement. Each LLP must prepare and close their accounts by the 31st of March each year. At least two Designated Partners must file Form 8 with the Registrar in 30 days following the completion of six-month Financial Year. The 30th of October each year.
Benefits of ROC Annual compliance of LLP
Credibility and trustworthiness are increased
Maintaining the active status of companies
Record of Financial Worth is easily accessible
Close and convert easily
Due Date of ROC Filing for FY 23-24
Form AOC-4 – Filing of Financial Statements
After approval, the financial statements must be signed by both the auditor and board of directors/KMP (if applicable). The form must be submitted with the Board Report, its annexes and the financial statements. The Form AOC-4 must be submitted within 30 days after the AGM, or by 29th September whichever comes first.
Form MGT-7 – Annual Return
The statement of annual report must be filed by every company within 60 days after the AGM, or the 28th of November, whichever comes first. It contains information about the securities, the details of meetings, the directors, the shareholder, and the transfer details.
Penalty for non-filing of annual accounts with ROC
The companies that are not able to submit Form AOC-4 or MGT-7 by the due date will have to pay an additional fee of Rs.100.00 for each day until the filing date.
Annual Compliance Process of LLP
Legal Window is staffed with a team consisting of Chartered Accountants, Company Secretaries and Lawyers that take care of your LLP’s annual compliance needs.
Documents Required For ROC Annual Filing for PVT LTD
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FAQs of ROC Annual Filing for LLP
Is it mandatory for all LLPs to file an annual report?
It is compulsory for all Limited Liability Partnerships registered under the Limited Liability Partnerships Act 2008, regardless of their turnover, capital or transactions. The annual filing is to report on the activities that were carried out during the Financial Year.
Is it necessary to have the books of an LLP audited?
Limited Liability Partnerships are only required to have their accounts audited when the turnover or contribution is greater than Rs.40 lakhs.
When is a Certification by a Practicing Company Secretary required?
A practising company secretary must certify the annual report when the turnover in an accounting year exceeds five crores rupees or the contribution is greater than fifty lakhs rupees.
What are the penalties for non-compliance?
The LLP may be removed from the ROC registers if it fails to comply with the rules and does not file its returns. This will also impact the partners’ status, preventing them from being appointed in any other Company/LLP. A fee of Rs.100 per day will be charged until the filing date.
The LLP Act contains provisions that allow for the compounding of offences punishable only with fines.
When does the first financial year of the LLP finish?
The due dates for LLP compliances depend on the closing of each Financial Year. Every Limited Liability Partnership’s Financial Year should end on March 31. The period of the Financial Year is determined by the month in which the Limited Liability Partnership was incorporated.
- LLPs registered between 1st April – 30th September must close their financial year on the 31st of March in the following calendar year. If the LLP was registered on 1st May 2020, it must close its Financial Year by 31st March 2021.
- The Limited Liability Partnership can choose to end its financial year between 1st October and 31stMarch. If the LLP was registered on 30th October 2019, it can choose to close its financial period on 31st of March 2020 or on 31st of March 2021.