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Registraion of charge with roc

dipti mahulikar (PCS) (25 Points)

14 May 2012

Dear Professionals,

Is there any provisions regarding registration of charge created by LLP ? if yes, pl guide me , its procedure.

Hypothecation agreement executed by LLP , So whether such chargeis required to be registered with ROC?

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3 Replies

Aditya Soni (CS Final Student Trainee) (727 Points)
Replied 15 May 2012

Dear Dipti,

The LLP Act 2008 does not contains any provision requiring LLP to mandatorily register the charge created on their property, with the Registrar of LLP.

Regards,

Aditya

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CS Mitesh Mehta (Company Secretary) (17139 Points)
Replied 15 May 2012

No provision has been provided for registration of Charges under the LLP Act 2008 but Form 8 Statement of Account and Solvency required to be annually filed by the LLPs encloses a declaration of the designated partner that “We append a Statement indicating creation of charges or modification or satisfaction thereof during the financial year”

All LLPs registered upto 30-September-2011 have to mandatorily close the financial year as on 31-03-2012 and file Form-11 by 30-May-2012 and Form-8 by 30- October-2012.

LLPs registered from 01-10-2011 to 31-03-2012 have option either to close financial year as on 31-03-2012 or 31-03-2013 and to file Form-8 & 11 accordingly.

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dipti mahulikar (PCS) (25 Points)
Replied 15 May 2012

Thanks a lot Mr. Mitesh for your valuable reply... Even there is no provision for registration of Charge .. form 8 is required to be filed under interim catagory ...confirmation given by regulatory authority at LLP, Delhi...