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Llp agrement/ llp form3

CA Amar Kant Kushwaha (Practice) (36 Points)

06 June 2015

Hello Professionals,

I have a query regarding LLP form 3.

We have incorporated an LLP on 29.05.2013 however as per FAQ in MCA Portal we did not file Form3 and not submitted LLP agreement. [You may check it with the following link "https://www.mca.gov.in/LLP/llp_agreement_faq.H T M L"].

Now we are proceeding to strike off the LLP by filing Form 24, however during prescruitiny it is showing an error during online prescruitiny that the "firm should have filed at least one Form3, Form CHG1 and Form 11". Further when we trying to file Form 3 it is demanding a penlaty of Rs 100 per day which is accumulated till date Rs, 70750/-.

My query is that if we were in confirmity with Schedule 1 than it was not mandatory to file Form3. Please help on the issue and give your valuable suggestions to avoid such penalty.

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1 Replies

Desai (CS) (329 Points)
Replied 10 June 2015

Hello

As per my interpretation :

1) Form LLP 3 has to be filed as it is incorporation form ,as this form is for filing of LLP agreement even if ur LL P is in confirmity with Schedule 1. then also ITS MANDATORY TO FILE THE LLP FORM 3 BEING INCORPORATION FORM.FOR THIS U NEED TO VISIT ROC AND NEED TO SORT OUT THE ISSUE .

2) IS FORM 11 FILED ???

3) i still can not understand why MCA is asking of CHG -1 form ? have u created the charge ? ( in all 3 forms they have written word AND not OR ?

IF ANY ONE FORM IS RREQUIRED THEN U MUST HAVE FILED FORM 11 , SO BETTER VISIT ROC AND TAKE CLARIFICATION .

CONTRARY VIEW SOLICITED

REGDS