In this editorial, the author shall discuss the circular issued by the Ministry of Corporate Affairs on 31st May 2022 in respect of LLP. By this circular MCA has relaxed additional fees on LLP forms due to technical issues faced by corporates on MCA Website.
As per the Circular, MCA has extended the Due Date of various forms of LLP up to 30th JUNE 2022.
A. APPLICABILITY OF CIRCULAR
Que:1 Which forms of LLP are included in this circular?
Ans: MCA has not restricted this circular up to a Limit. This circular is applicable to all forms of LLP.
Que:2 How to check, whether your form falls under this circular for relaxation or not?
Ans: Simple way to check the availability of relaxation for your form,
- “Due Date of Form should fall between 25 Feb 2022 to 31 May 2022”.
- Even the date should be on or after 26th January 2022.
B. CASES SHALL NOT FALL IN CIRCULAR:
Following below mentioned forms shall not get the benefit of this circular.
- If the Due Date of Form is on or before 24th February 2022.
- If Due Date of Form is on or after 1st June 2022
Que:3 If LLP has entered into an agreement on 15th February 2022 and the form has not been filed. Whether LLP can file this form without additional fees?
Ans: LLP-3 is required to be filed within 30 days of entering into an agreement. LLP entered into an agreement on 15 February 2022 the due date of LLP-3 shall be 17 March 2022.
17 March 2022 shall fall between the criteria of the due date mentioned in the circular i.e. (Due date between 25 Feb 2022 to 31 May 2022), therefore LLP can file such LLP-3 without additional fees till 30 June 2022.
Suggested reads – Compliances of LLP and penalties for non-compliance.
Que:4 What can be the event date for the purpose of taking benefit of this circular?
Ans: As we know most forms of LLP should be filed within 30 days of the event. Considering the same, one can opine that even date should be on or after 26 January 2022 to take benefit of this circular.
If the event date is on or before 25th January 2022 then such LLP can’t take benefit of this circular. (except Incorporation, Name Change – As per LLP act Name is valid for 90 days)
Que:5 If any name of LLP is approved but the due date of FiLLiP falls between 25 Feb to 31 May, whether such FiLLiP can be filed till 30 June 2022?
Ans: As MCA has given extension and relaxation from additional fees to all LLP forms falling between 25 Feb to 31 May.
Therefore, one can opine that if any name is approved on or after 27 November 2021 then FiLLiP can be filed till 30th June 2022 without any difficulty.
Que:6 If any for is in Resubmission as on 25th February 2022 and due date of resubmission expired due to non-working MCA Site. Whether such forms will get benefits under this Circular?
Ans: As MCA has given extension and relaxation from additional fees to all LLP forms falling between 25 Feb to 31 May (Actual Due Date or Resubmission Due Date).
Therefore, one can opine that all the forms which were in Resubmission as of 25th February 2022 will get an extension for resubmission till 30th June 2022 under this circular.