Limited Liability Partnership (LLP) registered in India under the LLP Act, 2008 must file LLP Form 11 Annual Return every year, irrespective of turnover or profit or business activity. Filing of LLP Form 11 is a mandatory annual compliance for all LLPs, hence, even an LLP that has no activity must file LLP form 11 or pay a penalty of Rs.100 per day of delay in filing the Form 11.
The return must be E-filed every year with the MCA (Ministry of Corporate Affairs) electronically along with fees. There is no provision for resubmission of LLP Form 11 Annual Return hence it is important to ensure that all the information filed in the Form is correct.
In case there is any eForm 4 (Notice of appointment, cessation, and change in designation of a designated partner or partner) pending for payment of a fee or any eForm 4 is under processing with the MCA, filing of LLP Form 11 shall not be allowed. Therefore, it is important to file any eForm 4 well before the due date for LLP Annual Return.
LLP Form 11 Due Date
LLP Form 11 is due within 60 days of the end of financial year i.e. 31 May of Each year. Since mostly all LLPs have 31st March as the financial year end, LLP Annual Return Form 11 is due on the 31st of May of each year.
LLP Form 11 Late Filing Penalty
If LLP Form 11 Annual Return is not filed on or before the due date, then a penalty of Rs.100 per day until the non-compliance continues will be applicable. As there is no cap on the penalty, the amount would increase substantially over time, hence, it is important to file the form 11 within time to avoid heavy penalty.
Information & Document Required to File LLP Form 11
The following information and documents are required to be filed in LLP Annual Return form 11:
- LLP Identification Number
- Name of the LLP
- Registered office address of the LLP
- Business Classification of the LLP (Business, Profession, Service, Occupation, Others)
- Principal business activities of the LLP
- Details of Designated Partners and Partners of the LLP
- Total obligation of the contribution of partners of the LLP
- Total contribution received by all partners of the LLP
- Summary of Designated Partners and Partners
- Particulars of penalties imposed on the LLP, if any
- Particulars of compounding offenses, if any
- Details of LLP and or company in which Partner/Designated Partner is a Director/Partner (It is mandatory to attach this detail in case any Partner/Designated Partner is a partner in any LLP and/or Director in any company)
It is important to note that once the LLP Annual Return is filed, it cannot be resubmitted or revised. Further, the total contribution received by all Partners of the LLP mentioned in LLP Form 11 Annual Return must match LLP Form 8 Statement of Accounts & Solvency required to be filed on or before 30th October. Therefore, it is important to get professional assistance while preparing & filing LLP Annual Return.
Signing of LLP Form 11
The LLP Form 11 must be digitally signed with the digital signature of one of the Designated Partners of the LLP. In case the total obligation of the contribution of partners of the LLP exceeds Rs. 50 lakhs or turnover of LLP exceeds Rs. 5 crores, then LLP Form 11 needs to be certified by a Company Secretary in whole time practice.
In case the total obligation of the contribution of partners of the LLP does not exceed Rs. 50 lakhs and turnover of LLP does not exceed Rs. 5 crores, then LLP Form 11 must be certified by the designated partner of the LLP.