Statutory Framework for LLP Filing Fees, Late Multipliers & Penalties
Compliance for Limited Liability Partnerships (LLPs) in India is governed by the Limited Liability Partnership Act, 2008 (as amended by the LLP Amendment Act, 2021) and the Limited Liability Partnership Rules, 2009 (as amended by the LLP 2nd Amendment Rules, 2022). Understanding the distinction between MCA Portal Additional Filing Fees and ROC Statutory Adjudication Penalties is critical for compliance professionals.
💳1. Section 69 Additional Filing Fees
Payable directly at MCA21 portal checkout upon delayed filing. Under the 2022 Amendment Rules, fees follow a slab-multiplier schedule (1× to 15× for Small LLPs; 1× to 30× for Other LLPs). Beyond 360 days, Forms 8 and 11 attract an uncapped daily fee (₹10/day for Small, ₹20/day for Other), while general event forms are capped at 25× / 50×.
⚖️2. Section 34(5) & 35(2) Adjudication Penalties
Separate quasi-judicial civil penalties levied by the Registrar of Companies (ROC) under Section 76A. Prescribes ₹100 per day of continuing default (capped at ₹1,00,000 for the LLP entity and ₹50,000 for each Designated Partner). These penalties require formal show-cause proceedings and are never added into portal checkout fees.
Key LLP Forms, Filing Deadlines & Discrete Fee Schedules
Form 11 — Annual Return of LLP
Filing Deadline: Within 60 days from the closure of the financial year (i.e. 30th May every year for FY ending March 31). Base fee is contribution-based (₹50 to ₹600). Late filing attracts Section 69 multipliers plus Section 35(2) penalty exposure.
Form 8 — Statement of Account & Solvency (Annual) vs Charges
Annual Statement: Filed within 30 days from the expiry of 6 months of financial year close (i.e. 30th October every year). Base fee: ₹50 to ₹600.
Charge Filing: Creation, modification, or satisfaction of charge carries a flat statutory fee of ₹1,000 per document (Annexure-A Items 4 & 5). Late filings attract Table B Item 1 multipliers capped at 25× (Small) and 50× (Other).
Form 3 — LLP Agreement & Contribution Increases
Initial Agreement: Filed within 30 days of incorporation under Annexure-A Item 3 slabs (₹500 for ≤ ₹1L to ₹25,000 for > ₹1Cr).
Agreement Modifications: Base document fee applies, plus an incremental registration fee differential if the total contribution slab increases.
Form 4 — Partner & Designated Partner Changes
Filing Deadline: Within 30 days of appointment, cessation, or change in particulars. Base fee: ₹50 for Small LLPs and ₹150 for Other LLPs (Annexure-A Item 2).
Form 24 — Application for Striking off Name (Closure)
Carries a flat application fee of ₹500 for Small LLPs and ₹1,000 for Other LLPs (Annexure-A Item 5). Requires at least 1 year of commercial cessation, zero active liabilities, up-to-date Form 8/11 filings, and a CA-certified Statement of Account.
Section 76A Adjudication & 30-Day Proviso Cure Conditions
Section 76A governs ROC adjudication proceedings for non-compliance. Importantly, the statutory proviso to Section 76A specifies that for filing defaults under Section 34(3) (Statement of Account & Solvency) or Section 35(1) (Annual Return), no penalty shall be imposed by the adjudicating officer where the default is rectified before or within 30 days of the notice issued by the adjudicating officer, subject to statutory conditions.