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Late fees for filing form 3 of llp

Bhola Meena (Designated Partner) (36 Points)

25 May 2012

Hi,

We formed a LLP in January 2012 and it was successfully incorporated. Due to some confusion ( Form-3 is optional), we failed to file form-3 within 30 days of incorporation.

We want to file the form-3 now, what will be the fees and penalty for it. it is already 6 month since incorporation.

Thanks,

Bhola Meena

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16 Replies

sangram ghatge (company secretary in practice) (198 Points)
Replied 26 May 2012

hi,

no late fee or penalty is prescribed in this regards. you may upload the form and then the fees payment window will let you know the fees payable.

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Arun Dogra (PCS) (42 Points)
Replied 26 May 2012

i think there is addional fee of Rs. 100/- per day for filing form 3 after 30 days of incorporation.

Rahul vashishtha (Partner) (22 Points)
Replied 23 February 2016

Minimum late fee is Rs. 2000/- and maximum late fee is Rs. 25000/-

Ram Kumar (1 Points)
Replied 24 February 2016

Hi,

Same issue with me my CA does not filed form 3. I have pently approx 15 thouand. Please tell me how to remove panelty and filed form 3.

Thanks

Rahul vashishtha (Partner) (22 Points)
Replied 22 March 2016

No Option. Pay Penalty.

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Raj (Others) (25 Points)
Replied 02 November 2016

Hi,

Our LLP firm was formed in September 2014 and today my CA tells me that hes unable to upload form 11 to ROC because form 3 wasnt uploaded but we have already filed form 11 last year and did not face such problem. What should we do? And what is the penalty on this?

Rohit Gupta (8 Points)
Replied 03 December 2016

Hi All,

My Consulant formed my LLP Company in 2012. I have been filing annual compliances (Form-8 and 11) every year. But, now while filing Form-8, System is asking to file Form-3, which consultant did not file at time of incorporation.

I am in a big soup now. I want to wind up company, but system does not allow to upload form-24 as well.

Penalty would be really huge. Please suggest something, if someone found out a way-out.

email: rohitstar8 @ gmail.com

Mobile: 8130453096

Pankaj (Consultant) (22 Points)
Replied 19 December 2016

Hi,

My company was incorportated in Aug 2015, and for some reason the signed copy of our LLP agreement and Form 3 was not uploaded on the website. Later the fine was asked and we were reluctant to pay the fine when we had the signed copy of LLP agreements. My company was incorporated in aug2015 but now i have been asked for fine (100 rs per day) plus charges for not filing and many more. Even if i have to wind off my company i have been asked to pay for this. I have not done any business on the regitstered company still it feels cheating to pay hefty fine just to close down this company.

Please if any one has any suggestion or can help in geting this solve please reply or call me.

Pankaj Gaikwad - 8390266966

pankajg31 @ gmail.com

Sonu Singh (2 Points)
Replied 20 January 2017

Ministry of Corporate Affair : Want to be entrepreneur ? You will never get help from MCA an... https://www.change.org/p/ministry-of-corporate-affair-want-to-be-entrepreneur-you-will-never-get-help-from-mca-and-roc?recruiter=667256186&utm_source=share_petition&utm_medium=twitter&utm_campaign=share_twitter_responsive via @ ChangeOrg_India

CS Vishal Mehta (Self Employed) (436 Points)
Replied 16 February 2017

FILING OF FORM 3 IS OPTIONAL, HOWEVER MADE MANDATORY BY THE MINISTRY BY WRONG INTERPRETATION OF SECTION 23 OF LLP ACT, 2008

SECTION 23 OF LLP ACT, 2008 MANDATES TO FILE FORM 3 ONLY WHEN AGREEMENT IS EXECUTED.

AS PER SECTION 23 (1) LLP IS MANDATORY TO GE GOVERNED BY AGREEMENT, HOWEVER IF NO AGREEMENT IS EXECUTED THEN PROVISIONS OF SECTION 23(4) WILL APPLY, EXECUTION IS NOT MANDATORY

I HAVE ALSO FILED ONLINE PETITION ON CHANGE.ORG IN THIS REGARD, IF FOUND PROPER YOU MAY PROCEED TO SIGN THE SAME BY CLICKING ON THE LINK CHANGE.ORG WEBSITE AS UNDER:

https://www.change.org/p/change-in-llp-act-mca-technical-issues?recruiter=675463445&utm_source=share_petition&utm_medium=copylink