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Showing posts with label Limited Liability Partnerships (LLPs). Show all posts
Showing posts with label Limited Liability Partnerships (LLPs). Show all posts

Use of word ‘National’ in the names of Companies or Limited Liability Partnerships (LLPs)

Circular No 2/2014, F No. 2/2/2014 – CL-V, dated the 11th February, 2014

Use of word ‘National’ in the names of Companies or Limited Liability Partnerships (LLPs)

To,

All Regional Directors,
All Registrar of Companies,
All Stakeholders

It has come to the knowledge of this Ministry that Companies / Limited Liability Partnerships are being registered with the word ‘National’ in their names. It is being intimated that no company should be allowed to be registered with the word ‘National’ as part of its title unless it is a government company and the Central / State government(s) has a stake in it. This should be stringently enforced by all Registrar of Companies (ROCs) while registering companies. Similarly, the word ‘Bank’ may be allowed in the name of an entity only when such entity produces a ‘No Objection Certificate’ from the RBI in this regard. By the same analogy the word “Stock Exchange” or “Exchange” should be allowed in name of a company only where ‘No Objection Certificate’ from SEBI in this regard is produced by the promoters.
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Notice for Filing Form 11 and Form-8 for the FY ended 31-03-2013

Notice for Filing Form 11 (Annual Return) and Form-8 (Statement of Account & Solvency) for the Financial Year ended 31-03-2013

·    All LLPs registered up to 30-September-2012 have to mandatorily close their Financial Year as on 31-03-2013 and to file
    • Form 11 by 30th May 2013 and
    • Form-8 by 30th October-2013.
·      LLPs registered from 01-10-2012 to 31-03-2013 have an option either to close financial year as on 31-03-2013 or 31-03-2014 and to file both Form-8 & 11 accordingly.

·         Please note that if LLP fails to file Form-8 and Form-11 within prescribed time, an additional fees of Rs. 100/- is payable per day till date of filing.

Whether HUF/its Karta can become Partner/DP in LLP?

General Circular No. 13/2013, F.No. 1/13/2012-CL-V, dated 29.07.2013

All the Regional Directors,
All the Registrar of Companies / Official Liquidators,
All Stakeholders

Whether Hindu Undivided Family (HUF) / its Karta can become Partner / Designated Partner (DP) in Limited Liability Partnership (LLP)

It has come to the notice of the Ministry that some Hindu Undivided Families (HUFs) / Kartas of such families are applying to become Partner/Designated Partner (DP) in LLPs and a question has arisen whether a 'HUF' or a Karta can be allowed to do so. The matter has been examined in consultation with Ministry of Law.

2. As per Section 5 of LLP Act, 2008 only an Individual or Body Corporate may be a Partner in a Limited Liability Partnership. A HUF cannot be treated as a Body Corporate for the purposes of LLP Act, 2008. Therefore, a HUF or its Karta can not become designated partner in LLP.

3. This issues with the approval of Secretary, MCA


Clarification - Conversion of a Firm into a Limited Liability Partnership

General Circular No 09/2013, F.No. 1/10/2012-CL-V, dated 30.04.2013

To,
All Regional Directors,
All Registrar of Companies,

Conversion of a Firm into a Limited Liability Partnership- Clarification

The Ministry has been examining some of the issues raised by stakeholders with regard to clarifications on the provisions of the Limited Liability Partnership (LLP) Act, 2008 with regard to conversion of a partnership firm into LLP. The issues relate to clarification with regard to

(i) Conversion of multiple partnership firms (including audit firms) into a single LLP and

(ii) Manner in which Appointee Company shall take note of the change in the status of auditor once the relevant CA audit has got itself converted into a CA audit LLP as per the relevant provisions of the LLP Act, 2008.

(2) The relevant issues have been examined in the Ministry in consultation with the 'Expert Committee on LLP Issues' set up in the Ministry and following clarifications are conveyed for the guidance of concerned stakeholders:-

(i) The provisions of Sections 55 and 58 of the LLP Act, 2008 read with Second Schedule thereto, inter-alia, provide for requirements in respect of conversion of a single partnership firm into a single LLP. The LLP Act, 2008 does not provide for Conversion of Two or More Firms into a Single LLP.

(ii) The provisions of Section 58(4) (b) of the LLP Act, 2008 provide that on conversion of a firm into an LLP, as per the provisions of the said Act all property, assets, interests, rights, privileges, liabilities, obligations relating to the firm and the whole of the undertaking of the firm shall be transferred to and shall vest in the LLP without further assurance, act or deed. Accordingly, if a CA audit firm, being an auditor in a company under the Companies Act, 1956, gets converted into an LLP after complying with the relevant provisions of the LLP Act, 2008, then, such an LLP, in accordance with the provisions of section 58(4) (b) of the LLP Act, 2008 would be deemed to be the auditor of the said company. Reference is also drawn to the notification number SO 1152(E) dated 23rd May, 2011 and General Circular 30A dated 26th May, 2011 of the Ministry in this regard. The relevant Appointee Company may take note of such change in status of the auditor through a resolution of the Board.

3. The concerned stakeholders, Registrar of Companies, appointee companies should take note of the above clarifications and comply accordingly.


Extension of Time in Filing of Annual Return by LLPs

Circular No. 15/2012, F.No. 1/1/2011-CL-V, dated 29.06.2012

All the Regional Directors,
All the Registrar of Companies/Official Liquidators
All the Stakeholders

Extension of Time in Filing of Annual Return by Limited Liability Partnerships (LLPs)

In continuation of this Ministry’s Circular No. 13/2012 dated 06.06.2012 on the subject cited above, it is stated that the time for filing the Annual Return by LLPs (i.e. Form 11) has been extended up to 31st July, 2012.

2. In order to have better understanding of the circular, it is clarified that the time limit of 60 days shall be read as 122 days for filing of Form 11 by LLPs in respect of the Financial Year ending on 31.03.2012. This circular shall be effective from 30.06.2012.     


Extension of Time in Filing of Annual Return by LLPs

Circular No. 13/2012, F.No. 1/1/2011-CL-V, dated 06.06.2012

All the Regional Directors,
All the Registrar of Companies/Official Liquidators
All the Stakeholders

Extension of Time in Filing of Annual Return by Limited Liability Partnerships (LLPs)

The Ministry has started the process of decentralization of the functions of the Registrar LLP by authorizing respective ROCs to discharge the functions of Registrar LLP also on and from 11.06.2012. Consequently, the LLP system shall remain closed from 31.5.2012 to 10.6.2012.

2. As per the provisions of section 35 of the LLP Act, LLPs which do not file Form 11 within a period of sixty days of the date of closure of their financial year are required to pay additional fees. In order to avoid payment of additional fees by such LLPs due to closure of the system from 31.5.2012 to 10.6.2012, it has been decided to extend the time limit prescribed under the provisions of section 35 of the LLP Act by 30 days.

3. In order to have better understanding of the circular, it is clarified that the time limit of 60 days shall be read as 90 days for filing of Form 11 by LLPs in respect of the Financial Year ending on 31.03.2012. This circular shall be effective from 31.5.2012.


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