How to Check for Compliance Post Incorporation of your LLP?
July 25, 2019
LLP have to abide by the rules and regulations set forth by the government when it comes to post incorporation. This article discusses some of the major LLP Compliances which are to be taken care of post incorporation.
After the incorporation of a Limited Liability Partnership (LLP), there are certain compliances and procedural matters which needs to be completed in order to ensure the smooth functioning of the incorporated LLP.
Compliance requirements for an LLP are less cumbersome in comparison to the post incorporation compliances for an LLP.
Since LLP is also a separate artificial judicial entity, proper care should be taken to ensure the LLP compliances are being completed on time with the aim of avoiding substantial penalty.
Filing of LLP Agreement
The Agreement governs the rights and duties of partners and the LLP itself. After the incorporation of an LLP is completed; an LLP Agreement has to be filed with the Ministry of Corporate Affairs within 30 days without fail.
The LLP Agreement is a mandatory action for all LLPs, and even in the absence of a specific LLP Agreement, an LLP Agreement must be executed, specifically excluding the applicability of one or all paragraphs of Schedule I (referred to as the default LLP agreement).
In case of failure to file the LLP Agreement within 30 days of incorporation of an LLP, the concerned defaulter LLP will attract a heavy penalty of Rs. 100 each day of default with no ceiling on the maximum fine. Therefore, ensure that the LLP agreement is properly executed and filed within the expected due date.
The LLP seal is required for the opening a bank account of the company and also for applying for PAN. Therefore, two rubber seals- round type with LLP name and LLP name with designation can be purchased on the incorporation of an LLP.
LLP stationary like letterhead, invoice, official documents, etc. can be prepared with the LLP name and registered office of the LLP.
Book of Accounts:
LLPs are mandatorily required to maintain a proper book of accounts or cash on an accrual basis. Book of accounts for An LLP can, in fact, be maintained manually with a register kept at the registered office or electronically through accounting software like QuickBooks or Tally.
LLP PAN Application
After the incorporation of an LLP, PAN card for the LLP can be applied online, PAN application (Form 49A) is used for the application of PAN for LLP. Once, an application is submitted online; the PAN acknowledgement has to be signed and sealed by a Designated Partner of the LLP. Post that; the signed application must be sent by courier to the NSDL office for issuing of the PAN card. The PAN card of the LLP is usually sent to the registered office address of the LLP in 10-20 working days.
Opening of an LLP Bank Account
A bank account for an LLP can be opened easily as it is considered as a separate corporate entity.
Following are the documents which are submitted for the opening of a bank account for an LLP:
1 Copy of an LLP agreement
2 Copy of the Incorporation document and DPIN of the designated partners
3 Copy of the LLP Registration Certificate that has been issued by the ROC
4 Copy of the LLP-In issued by ROC
5 Copy of the Resolution required for opening a bank account
6 List of the authorised person/s along with their specimen signatures to operate the account duly attested by the Designated Partners
7 Copy of PAN allotment letter
All the above documents are to be mandatorily signed by a Designated Partner and must have the seal of the LLP.
Appointment of an Auditor
There is no such concept of the designation of an auditor in an LLP as there is no such requirement for an audit of the book of accounts for an LLP until and unless it exceeds a turnover of Rs. 40 lakh or a capital contribution of 25 lakh.
Filing of Annual Return for an LLP
The LLPs in India are mandatorily required to file its Annual Return within 60 days from the end of the financial year and also the Statement of Account and Solvency is to be filed within 30 days from the end of 6 months of the close of fiscal year.
Unlike other forms of Companies, the LLPs mandatorily have to maintain their fiscal year, as for April 1st to March 31st. Therefore, the LLP return is due on May 30th, and the Statement of Account and Solvency is due on October 30th of each financial year.