Ministry of Corporate Affairs on March 04, 2020 vide General Circular No. 6/2020 had announced LLP Settlement Scheme-2020-reg. to give relief to the Limited Liability Partnerships (LLPs) which have defaulted in filing of certain LLP forms with the Registrar of Companies.
MCA on March 30, 2020 vide General Circular No. 13/2020 has modified the said LLP Settlement Scheme-2020 (“Scheme”) (Click Here) by extending the tenure of the Scheme and granting major relief in terms of amount of fees payable on the delayed filings.
A comparative study of the old and modified LLP Settlement Scheme-2020 is given below:
Old LLP Settlement Scheme-2020
Commencement of the Scheme:
The scheme was set to commence from March 16, 2020.
Tenure of the Scheme:
From March 16, 2020 to June 13, 2020.
Payment of fee :
Rs. 10 per day additional fees subject to the maximum fees of Rs. 5000/- per form.
Applicability Period :
Applicable to the filings due till October 31, 2020.
Coverage of the Scheme :
Applicable only to the following LLP forms:
- Form 3- Initial LLP agreement/Changes in LLP Agreement
- Form 4- Notice of appointment, cessation, change in name/ address/designation of a designated partner or partner and consent to become a designated partner/partner
- Form 11- Annual Return of Limited Liability Partnership
- Form 8- Statement of Accounts and Solvency (Annual).
Non-availability of the benefits of the Scheme :
LLPs which have made an application to the Registrar in LLP Form 24 for striking off their names from register under the Rule 37(1) of the LLP Rules, 2009.
Immunity from prosecution :
Yes
Modified LLP Settlement Scheme-2020
Commencement of the Scheme:
The Scheme will come into force w.e.f April 01, 2020.
Tenure of the Scheme:
From April 01, 2020 to September 30, 2020.
Payment of fee : No additional fees will be levied
Applicability Period : Applicable to the filings due till August 31, 2020.
Coverage of the Scheme :
Applicable to all the documents or forms which are required to be filed in MCA-21 registry under the provisions of LLP Act, 2008 and rules made there under.
Non-availability of the benefits of the Scheme :
Same as in the old scheme
Immunity from prosecution : yes
Modified LLP Settlement Scheme-2020 can be seen as a big relief and one time opportunity for the LLPs to complete their due filings without any additional financial burden. The Scheme will specifically help small and inactive LLPs to bring themselves back into compliance zone.
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