Llp charge created to be registered or not ? reply urgent

LLP 16651 views 9 replies

A LLP is Registered under LLP act Duly.

 

A CHARGE has been created against it asset , does it need to register the same with MCA or any other authority ?

 

& registration of CHARGE by LLP is governed by which Section or Rule of LLP act ?

 

Experts Please throw your light on the same.

 

Reply Urgent.

Replies (9)

I think there is no provision for registeration of charge in LLP Act. 

 

Experts pls help

 

 

charges in respect of LLP needs to be registered through LLP Form 8 (Appendix to statement of Account and Insolvency).

is charge 1 creation is possible in llp if yes then charge-1 form will be uploaded please let me knw

Yes, it needs to be filed/created through Form 8 for LLP.. While filing form 8 there are 2 options available in the beginning:-

(i) Annual (ii) Interim ..

On selecting the interim option, the form is modified  for 'Creation or Modification of Charge'... Thus, from there, Charge can be registered for n LLP.. Also, it should be noted that while filing the Annual return in Form 8 (The due date for which is 30th October, following the financial year for which the annual return is being filed), the LLP needs to disclose all the charges created and registered, which ,if registered, will pick up/prefill automatically..

I hope this was helpful!!

Thank You!! 

Filing for registration of Charge is optional in case of LLP. Please check the provisions. 

Hello Pratik Sir,

 

Will you please tell which section governs the registration of charge in case of LLP. so that it brings more clarity as to whether the registration of charge is optional or mandatory.

 

Please.

LLP Act does not have any provisions which governs Creation, Modificaion of Charge. And that is the main reason, registration of charge is not mandatory. However, voluntarily, LLP can submit details about creation or modification of Charge in Form 8.

 

Kindly check Question number 25 of LLP FAQs given by MCA (link given below).

https://www.mca.gov.in/MinistryV2/llpefiling.H T M L

Thanks for the timely response Sir.

Income Tax Audit for Filing LLP Annual Return is mandatory for the companies to file the income tax return above turnover of one crore income annually.


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