09 August 2013
DEAR EXPERTS PLS GUIDE ME IN THE FOLLOWING MATTER: I HAVE FILED FORM 2 IN CASE OF LLP. WHILE FILING THE FORM, BY MISTAKE IN CASE OF POINT NO. 8(b)NUMBER OF INDIVIDUAL PARTNERS I ENTERED "2" WHEREAS IT SHOULD HAVE BEEN "0". THERE ARE ONLY TWO DESIGNATED PARTNERS EACH CONTRIBUTING 50000/-. I HAVE CLICKED YES INCASE OF ADDENDUM TO FORM 2 WHICH SHOULD HAVE BEEN FILLED AS NO NOW KINDLY GUIDE ME HOW TO RECTIFY THIS MISTAKE BCZ MCA IS ASKING TO FILE ADDENDUM TO FORM 2. ALSO IF I ADD TWO INDIVIDUAL PARTNERS WHETHER THAT WILL AFFECT THE MAXIMUM CONTRIBUTION BY ALL THE PARTNERS THAT I ENTERED IN FORM 2 ORIGINALLY FILED?
25 July 2024
If you have made an error in Form 2 filed for your LLP, particularly in indicating the number of individual partners and other details, here are the steps you should take to rectify the mistake:
1. **Filing an Addendum to Form 2:** - Since you mentioned that you clicked "Yes" for addendum to Form 2 when it should have been "No," you need to file an addendum to correct this mistake. - An addendum to Form 2 is filed to update or correct information provided in the original Form 2 submission.
2. **Process for Filing Addendum:** - Log in to the MCA (Ministry of Corporate Affairs) portal using your credentials. - Navigate to the LLP e-Filing tab or section where you originally filed Form 2. - Look for an option related to "Addendum to Form 2" or similar. This will allow you to file the correct information regarding the number of individual partners and any other necessary corrections. - Fill out the addendum form accurately with the corrected information (in your case, change the number of individual partners to "0" and indicate "No" for the addendum). - Upload any required documents or attachments as per the instructions provided.
3. **Effect on Maximum Contribution:** - Adding individual partners would impact the maximum contribution by all partners if it exceeds the originally filed amount. - If your original Form 2 stated that there are no individual partners, the contribution amount specified would have been based on the designated partners only. Adding individual partners could increase the total contribution capacity of the LLP, but this needs to be accurately reflected in the amended Form 2 and addendum.
4. **Consultation and Support:** - If you are uncertain about the process or need clarification specific to your situation, consider consulting a professional such as a company secretary or a legal advisor who is familiar with LLP formation and MCA filings. - They can provide guidance on navigating the MCA portal, filing addendums correctly, and ensuring compliance with LLP regulations.
By following these steps, you should be able to rectify the mistake in Form 2 efficiently and comply with the requirements set forth by the Ministry of Corporate Affairs.
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