Revised MCA Guidelines for LLPs Amidst COVID-19: Key Modifications and Compliance Updates
Revised MCA Guidelines for LLPs Amidst COVID-19: Key Modifications and Compliance Updates
http://mca.gov.in/Ministry/pdf/Circular13_30032020.pdf
In continuation to Ministry’s General Circular dated 04.03.2020 and in order to support and enable LLPs registered in India to focus on taking necessary measures to address the COVID-19 threat and to reduce their compliance burden, certain modifications to the said circular have been decided to be implemented by the MCA, with effect from 01.04.2020.
The Modifications are as follows:
1. The title of the Para No. 8 shall be read as:
“The details of the Original Scheme are as under:’’
2. The Scheme shall come into force on the 16th March, 2020 and shall remain in force upto 13th June, 2020.
3. Insertion of para 8A, the details of the scheme as modified, are as under:
“This scheme shall come into effect from 01.04.2020 and shall remain in force upto 30.09.2020.”
4. Applicability: Any “defaulting LLP” is permitted to file belated documents, which were due for filing till 31.08.2020 in accordance with the provisions of the scheme.
5. Manner of Payment of fee on filing of belated documents for seeking immunity under the scheme:
“ The defaulting LLPs may themselves avail this scheme for filing the documents which have not been filed or registered in time on the payment of fee as payable for filing of such document or return:
Provided that no additional fees shall be payable for filing any belated documents under this scheme.
6. Immunity from prosecution in respect of document(s) filed under the scheme:
“The defaulting LLPs, which have filed their belated documents till 30th September, 2020 and made good the default, shall not be subjected to prosecution by the Registrar for such defaults.”
7. The Scheme not to apply:
“ This scheme shall not apply to LLPs which have made applications in FORM 24 to the Registrar, for striking off their name, from the register as per provisions of Rule 37(1) of the LLP Rules, 2009”
8. Modification in Para 9 with effect from 01.04.2020:
“On the conclusion of the scheme, after 30.09.2020, Registrar shall take necessary action under the LLP Act, 2008 against the LLPs which have not availed this scheme and are in default in filing of documents as required under the provisions of LLP Act, 2008 in a timely manner.”
B. Kaushik And Associates.