How to File LLP Form 11 Annual Return?

Limited Liability Partnerships, viz, LLPs, are one of the most popular and preferred business structures in India because they merge the element of flexibility of a partnership with the limited liability of a company. However, like the companies, LLPs also need to comply with the major statutory filing requirements under the Limited Liability Partnership Act, 2008.

One of the major statutory compliances for an LLP is the filing of Form 11, the LLP Annual Return. This blog will provide the various important aspects and a comprehensive guide on the LLP Form 11.

What is LLP Form 11?

LLP Form 11 is an annual return of a Limited Liability Partnership (LLP) that contains details of:

• Partners and Designated Partners of the LLP,
• Contributions received from partners,
• Summary of changes in the partnership structure, and
• Details regarding foreign nationals or corporate bodies as partners (if any).

It is a mandatory filing for every LLP registered in India, irrespective of whether it has conducted business during the year or not.

Applicability of LLP Form 11

• Applicable to all LLPs registered under the LLP Act, 2008.
• Even LLPs with zero transactions or no business activity must file Form 11.
• Filing must be done for the financial year (April to March).

Due Date for Filing LLP Form 11

The due date for filing Form 11 is:

• 30th May every year for the financial year ending on 31st March.

Information Required in LLP Form 11

Before filing, an LLP should collect the following details:

1. LLPIN (LLP Identification Number)
2. Name of LLP and registered office address
3. Email ID of LLP
4. Total obligation of contribution by all partners
5. Details of partners/designated partners (Name, DIN/DPIN, PAN, nationality, etc.)
6. Details of corporate body partners (if any)
7. Summary of changes in partners/designated partners during the year
8. Number of designated partners resident in India
9. Declaration by designated partners

Step-by-Step Guide to Filing LLP Form 11

Here’s a simplified step-by-step procedure to file the annual return online:

Step 1: Download the Form

• First, you need to visit the MCA portal (Ministry of Corporate Affairs) at www.mca.gov.in.
• Need to navigate to LLP Forms and then download Form 11.

Step 2: Fill in Basic Information

• Enter LLPIN, LLP name, and registered office details.
• Provide the financial year details for which the return is being filed.

Step 3: Partner Details

• Fill in the required details of all the partners and designated partners, including their DPIN/DIN, PAN, contribution and the percentage of profit-sharing.
• Need to mention any foreign partner/corporate body partner details, if applicable.

Step 4: Changes During the Year

• If there have been additions, removals or changes in designated partners or partners, then it’s required to mention them here.

Step 5: Compliance Declaration

• The form will ask for the declaration by the designated partners that all information and data provided is true and correct.

Step 6: Attachments

• Attach the documents (if required), such as details of the penalties, compounding of offences or any order passed by the regulatory authority.

Step 7: Certification by a Professional

• Form 11 must be digitally signed by a Designated Partner using a Digital Signature Certificate (DSC).
• Additionally, it needs to be certified by a Company Secretary in Practice (CS) or Chartered Accountant in Practice (CA) if:
  • The contribution of the LLP exceeds ₹50 lakh, or
  • The turnover exceeds ₹5 crore.

Step 8: Upload to MCA Portal

• Log in to the MCA portal using valid credentials.
• Upload the completed and digitally signed form.
• Pay the prescribed filing fees (based on LLP contribution).

Step 9: SRN Generation

• Once the form is successfully uploaded and payment is made, the system generates an SRN (Service Request Number) for future reference.

Fees for Filing LLP Form 11

The filing fees depend on the total contribution of the LLP as mentioned below:

Penalty for Late Filing of Form 11

Non-compliance attracts heavy penalties.

• A delay in filing Form 11 results in a penalty of ₹100 per day till the filing is completed.
• There is no cap on the rate of maximum penalty amount, meaning the longer the delay, the higher the fine.
• Besides the various other monetary penalties, the continuous event of non-filing may also lead to other legal consequences and the disqualification of designated partners.

Key Points to Remember

• To file the form is a mandatory process for all LLPs, irrespective of turnover or business activity.
• Form 11 is different from Form 8.
• Even a dormant LLP must file annual returns.
• Always ensure the LLP’s Master Data on the MCA portal is updated before filing.

Conclusion

Compliance is one of the most important aspects for running a Limited Liability Partnership (LLP) in India. Filing LLP Form 11 Annual Return on or before 30th May every year helps your LLP to stay compliant, avoid heavy penalties and maintain trust and credibility with the Registrar of Companies.

The filing process is not very difficult or complicated, but mistakes or delays can make it costly. That’s why LLPs should prepare early, gather all the required information and data and also make sure the form is filed on time.

FAQs on LLP Form 11

1. Is Form 11 applicable to newly incorporated LLPs?

If the LLP is incorporated after 1st October of a financial year, it is exempt from filing Form 11 for that year.

2. Can Form 11 be revised once filed?

No, once Form 11 is filed, it cannot be revised. Hence, accuracy is crucial.

3. What is the difference between Form 8 and Form 11?

• Form 11 is the Annual Return, due by 30th May every year.
• Form 8 is the Statement of Accounts & Solvency, due by 30th October every year.

4. Who is responsible for filing Form 11?

The Designated Partners of the LLP are primarily responsible for timely filing.

5. Do LLPs with NIL business need to file Form 11?

Yes, filing is mandatory irrespective of whether the LLP has done business or not.