Rule 36 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.
The second half of rule 36 says what happens after an LLP files an electronic form: the Registrar examines it, tells the LLP about defects, allows a limited time to fix them, and either takes the form on record or treats it as invalid. It also puts an outer time limit on the Registrar and deals with forms filed under the Straight Through Process. This article explains sub-rules (5) to (11) as notified in 2009.
The Registrar examines every application, e-form or document filed (rule 36(5)). If he needs more information or finds a defect, he intimates the LLP electronically and by e-mail (rule 36(6)). He may allow periods totalling not more than thirty days to fix it (rule 36(7)). If it is not fixed to his satisfaction, he rejects it or labels it "invalid" and does not take it on record (rule 36(8)). An invalid document can be rectified only by fresh filing with fee and additional fee (rule 36(9)). The Registrar must not keep a document pending beyond 120 days from its filing, save as the Act provides (rule 36(10)). The Rules have been amended since 2009.
Read this first: the 2009 text and later amendments
This article states what rule 36(5) to (11) provided as notified on 1 April 2009. The Rules have been amended several times since, and the manner of examination, the time limits, the forms and the fees may be different. Check the MCA portal and the current Rules before acting. This article gives no fee amount and no portal step.
For the first part of rule 36, see the article on electronic filing and digital signatures. The Act's own provisions on filing and on additional fee for late filing are in Sections 68-68A and Section 69. If your form has been marked defective, our annual filing of LLP service can help you fix and refile it.
Rule 36(5): examination
"The Registrar shall examine or cause to be examined every application or e-Form or document required or authorized to be filed by or delivered under the Act and rules made thereunder for approval, registration, taking on record or rectification by the Registrar."
The proviso carves out forms "identified as informatory in nature and filed under Straight Through Process (STP)". These "may be examined by the Registrar any time after its filing". So STP forms are taken on record first and examined later. Sub-rule (11) deals with what follows if a defect is found.
Rule 36(6): intimation of defects
Where the Registrar, on examining, finds it necessary to call for further information, or finds the form "defective or incomplete in any respect", he "shall give intimation" of the information called for or defects noticed:
- electronically, by placing it on the website, and
- by e-mail on the last intimated e-mail address of the person or the LLP,
directing the filer to furnish information, rectify defects or re-submit within the period allowed under sub-rule (7).
Proviso. If the e-mail address is not available, the intimation is given by post at the last intimated address given in Form 12 (the notice of another address for service; see our post on the form for another address for service of documents), or the registered office address, or the address of the person, as the case may be. The Registrar preserves the facts of the intimation in the electronic record.
Rule 36(7): the time to fix a defect
The Registrar "shall allow such period or periods but not exceeding thirty days in aggregate" for furnishing further information, rectifying defects or re-submission. "In aggregate" means the periods allowed, taken together, cannot exceed thirty days, even if he allows more than one extension. The text does not say when the first period starts; it presumably runs from the intimation, but the rule is silent.
Rule 36(8): rejection or "invalid"
If the information is not provided, or is provided partially, or the defects are not rectified, or are rectified partially or not to the Registrar's satisfaction, within the period allowed, the Registrar "shall either reject or treat and label such application or e-Form or document as 'invalid' in the electronic record". He "shall not take on record such invalid application or e-Form or document" and informs the filer in the manner in sub-rule (6).
| Result | Effect |
|---|---|
| Rejected | The Registrar rejects the application, form or document |
| Labelled "invalid" | Marked invalid in the electronic record; not taken on record |
| Common to both | The filer is informed as in rule 36(6) |
Rule 36(9): how an invalid document is cured
A document recorded as invalid "may be rectified by the limited liability partnership only through fresh filing with payment of fee and additional fee as applicable, without prejudice to any other liability under the Act". So there is no revival of the earlier filing. The LLP files afresh, pays the fee and any additional fee, and remains answerable for any other liability, for example for the delay. The amounts are not stated here. For the Act's additional fee provision, see Section 69.
Example (as notified in 2009). Tiwari Sinha LLP files a form, but the Registrar notices that an attachment is missing. He intimates the LLP by e-mail. The LLP is allowed fifteen days in all to fix it and fails to do so. The Registrar labels the form invalid and informs the LLP. To rectify, the LLP must now file afresh, paying the fee and any additional fee that applies, because the invalid filing cannot be revived. If the original filing was already late, the delay and any liability under the Act continue.
Rule 36(10): the 120-day limit
"Save as otherwise provided in the Act, the Registrar shall not keep any document pending for approval and registration or for taking on record or for rejection or otherwise for more than one hundred twenty days, from the date of its filing."
Three observations:
- The duty is on the Registrar. The 120 days is a limit on his holding a document, not on the LLP.
- The exception. "Save as otherwise provided in the Act" means the Act may fix a different period for some documents.
- Silence on consequence. The text does not say what follows if the Registrar exceeds 120 days, for example whether the filing is deemed accepted. It is silent.
Rule 36(11): defects found later in STP forms
If the Registrar finds an STP e-form or document "defective or incomplete in any respect, at any time", he:
- treats and labels it "defective" in the electronic registry; and
- issues a notice pointing out the defects, at the last intimated e-mail address (if available) and also in writing by post at the address of the person or the LLP or the registered office,
calling upon the filer "to file such e-Form or document afresh with fee and additional fee as applicable, after rectifying such defects or incompleteness within a period of thirty days from the date of such notice".
The contrast with sub-rules (6) to (9) is clear:
| Aspect | Ordinary forms (6) to (9) | STP forms (11) |
|---|---|---|
| When examined | Before being taken on record | At any time after filing |
| Label | "Invalid" | "Defective" |
| How the filer cures | Rectify within the allowed period (up to thirty days in aggregate); if not, fresh filing | File afresh with fee and additional fee, after rectifying, within thirty days of the notice |
| Intimation | Electronically and by e-mail; post if no e-mail | E-mail if available, and in writing by post |
Drafting point. Sub-rule (11) is headed by reference to STP forms in "proviso under sub-rule (5)", which is correct, but it does not say what happens to a "defective" STP form if the LLP does not file afresh within thirty days. The text is silent on that consequence.
Why this matters in practice
An LLP's compliance can fail not at the filing stage but afterwards, when a defect notice sits unread in an inbox. Under rule 36(6) the Registrar can rely on the last intimated e-mail address, and rule 36(3)(iii) requires the LLP to keep a valid electronic address at all times. A form that becomes "invalid" can mean fresh filing with an additional fee, and the original due date remains missed.
Practical points
- Monitor the registered e-mail address and the portal for defect notices; the clock is short.
- Respond within the allowed period, which cannot exceed thirty days in aggregate.
- Do not assume an invalid form can be revived; it needs a fresh filing with fee and any additional fee.
- Keep records of filing dates; the Registrar's 120-day limit runs from filing.
- Confirm today's rules; the 2009 mechanism may have changed.
Need help with a rejected or defective LLP form?
A defect notice has a short window, and a fresh filing carries extra cost. Our annual filing of LLP team can review the notice, correct the form and refile within time.
Key takeaways
- The Registrar examines every filed form or document; STP forms may be examined at any time after filing (rule 36(5)).
- Defects are intimated electronically and by e-mail, or by post if there is no e-mail (rule 36(6)).
- The time to rectify cannot exceed thirty days in aggregate (rule 36(7)).
- Unrectified forms are rejected or labelled invalid and not taken on record (rule 36(8)).
- An invalid document is cured only by fresh filing with fee and additional fee (rule 36(9)).
- The Registrar must not keep a document pending beyond 120 days from filing, save as the Act provides (rule 36(10)).
- A defective STP form must be filed afresh within thirty days of the notice (rule 36(11)).
- All as notified in 2009; check the current position.
Read next
- Rule 36: electronic filing, digital signatures, electronic registry and Front Office
- Rule 37: striking off the name of a defunct LLP
- Penalty for non-filing of LLP annual returns
Disclaimer: Based on the Limited Liability Partnership Rules, 2009 as notified on 1 April 2009. The Rules have been amended several times since; current forms, fees and time limits must be checked before acting. This article is general information, not legal advice; check the official text before acting.