15 October 2021
I am filing form 3 for one of my LLP . But while doing pre scrutiny one error is showing" Initial agreement should be filed before filing change in agreement". LLP is incorporated in 2020 October and in master data is showing as active.
Kindly let me know if any other details required. Kindly assist me in this regard.
09 July 2024
It seems like you are encountering an error related to filing Form 3 (LLP Agreement) for your LLP. The error "Initial agreement should be filed before filing change in agreement" typically indicates that there might be a discrepancy in the filing sequence or documentation status on the MCA portal. Here’s how you can proceed to resolve this:
### Understanding the Error
1. **Initial LLP Agreement**: When an LLP is incorporated, an initial LLP Agreement outlining the details of the LLP's partners, capital contribution, profit sharing ratio, etc., is required to be filed. This document establishes the foundational structure of the LLP.
2. **Change in Agreement**: If there have been subsequent changes to the LLP Agreement (such as changes in partners, capital contribution, profit sharing ratio, etc.), these changes must be filed as amendments using Form 3.
### Steps to Resolve the Issue
1. **Check Filing Status**: Verify if the initial LLP Agreement was filed correctly at the time of LLP incorporation in October 2020. This agreement establishes the baseline structure of the LLP.
2. **Document Verification**: Ensure that the details in the current Form 3 submission match the existing records of the LLP on the MCA portal. This includes verifying partner details, capital contributions, and any amendments made since incorporation.
3. **Filing Sequence**: Double-check the filing sequence. If there have been changes to the LLP Agreement that have not been formally filed or recorded (such as changes in partners or capital), these changes should be updated and filed first before attempting to file subsequent amendments.
4. **Technical Assistance**: If you continue to face issues despite verifying the above points, it may be beneficial to contact the technical support provided by the MCA portal. They can provide specific guidance on resolving the error and ensuring correct filing procedures.
### Additional Tips
- **Document Preparation**: Ensure all required documents, including the initial LLP Agreement and any subsequent amendments, are prepared accurately and in compliance with LLP regulations.
- **MCA Portal Updates**: Periodically check for updates or changes on the MCA portal regarding LLP filing requirements or procedures.
By following these steps and ensuring the correct sequence of filings, you should be able to resolve the error and successfully file Form 3 for your LLP. If you need further clarification or assistance, don't hesitate to reach out to MCA technical support for detailed guidance.
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