Form 8 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Not the annual return, and not due with it — this one runs on a six-months-plus-thirty-days clock that lands in October.
Purpose of Form 8
This form is applicable for filing details w.r.t "Annual" and "Interim" Statement of Accounts and Solvency (SAS). The "Annual" SAS is mandatorily required to be filed as per the requirement of the LLP law, whereas the "Interim" SAS can be filed on the discretion of LLP.
In case of "Annual" SAS, the information to be provided should be as on 31st March of the year for which the statement is being filed. Whereas, in the case of "Interim" SAS, the details w.r.t creation / modification / satisfaction as the case may be, has to be filed.
The statutory basis
Section 34(3): "Every limited liability partnership shall file within the prescribed time, the Statement of Account and Solvency prepared pursuant to sub-section (2) with the Registrar every year in such form and manner and accompanied by such fees as may be prescribed."
Rule 24(4): "For the purposes of sub-section (3) of section 34, every limited liability partnership shall file the Statement of Account and Solvency in Form 8 with the Registrar, within a period of thirty days from the end of six months of the financial year to which the Statement of Account and Solvency relates."
The period is thirty days from the end of six months of the financial year — not "by 30 October". For a financial year ending 31 March, six months takes you to 30 September and thirty days more to 30 October.
Stating it as a period rather than a date matters because it produces a different answer where the financial year is not the standard one, and because it is the formulation the rule actually uses.
Note also what this means alongside the annual return. Form 11 is due within sixty days of closure of the financial year — 30 May. So an LLP files twice a year, five months apart, and the two filings carry different signing and certification requirements. Treating them as one annual exercise is the most common cause of a missed deadline.
The Interim option is easy to overlook. The same form carries charge-related filings — creation / modification / satisfaction — and those enclosures include instrument(s) of creation or modification of charge, particulars of other charge holders in a joint charge or consortium finance, and a letter of charge holder stating that the amount has been satisfied where a charge is satisfied.
This publication was written in January 2021 and its worked example uses FY 2019-20 with COVID-era circular relaxations that have long expired. The statutory period and the fee slabs below are stated as they stand, but confirm the current rule text, the additional fee structure and the position on the MCA V3 portal before relying on them.
Enclosures
| Where "Annual" is selected | Where "Interim" is selected |
|---|---|
| Disclosure under Micro, Small and Medium Enterprises Development Act, 2006 (mandatory) | Instrument(s) of creation or modification of charge (mandatory on creation or modification) |
| Statement of contingent liabilities, where they exist | Where property already subject to charge is acquired, the instrument evidencing creation or modification |
| Any other information, optional | Particulars of other charge holders in joint charge and consortium finance |
| Letter of charge holder stating that the amount has been satisfied (mandatory on satisfaction) |
Signing and certification
- Annual — DSC of 2 Designated partners of LLP or Authorized Representatives of FLLP.
- Interim — DSC of the charge holder and the designated partner or authorised representative; where the charge is modified in favour of an asset reconstruction company or assignee, the DSC of that ARC or assignee is affixed and the designated partner's DSC is optional.
- Certification — in case total turnover of the LLP / FLLP exceeds Rs. 40 lakhs or partner's obligation of contribution exceeds Rs. 25 lakhs then certification by auditor of the LLP / FLLP shall be required. Otherwise, certification by a designated partner and additionally by a practicing professional i.e. Chartered Accountant / Company Secretary / Cost Accountant.
Those two figures — Rs. 40 lakh turnover and Rs. 25 lakh contribution — are the same thresholds that trigger the statutory audit requirement, which is why an LLP crossing either has an auditor available to certify.
Fees and delay
- Rs. 50 if contribution does not exceed Rs. 1 lakh.
- Rs. 100 above Rs. 1 lakh but not exceeding Rs. 5 lakh.
- Rs. 150 above Rs. 5 lakh but not exceeding Rs. 10 lakh.
- Rs. 200 above Rs. 10 lakh.
- Foreign LLP — Rs. 1,000.
On delay: in addition to the normal filing fees, late filing fees of INR 100 for every day of such delay shall be payable. There is no cap in the formulation, which is why an old unfiled Form 8 accumulates a liability far exceeding the filing fee itself.
Common mistakes
- Filing Form 8 with the annual return in May rather than by 30 October.
- Omitting the mandatory MSME disclosure attachment.
- Using designated partner certification where the audit thresholds are crossed.
- Leaving an old filing outstanding while the daily fee runs.