Procedure for Preparation and Filing of Financial Statements by LLP
Introduction
A Limited Liability Partnership (LLP) in India, as a distinct legal entity under the Limited Liability Partnership Act, 2008, has a mandatory annual compliance requirement to prepare and file its financial statements with the Registrar of Companies (RoC), under the Ministry of Corporate Affairs (MCA).
Applicable Provisions
- Section 34, 35 of the Limited Liability Partnership Act, 2008
- Rule of 24, 25 of the Limited Liability Partnership Rules, 2009
Mandatory Requirements
- Designated Partners Approval on Statement of Account and Solvency and Statement of Income and Expenditure
- Follow a uniform financial year, which runs from April 1st to March 31st
- File LLP Form 8 and LLP Form 11.
Procedure
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Preparation of Statement of Account and Solvency:
Every LLP must prepare the following, which reflects its financial position:- Statement of Account and Solvency (covering information about the LLP’s assets and liabilities) and
- Statement of Income and Expenditure (comprising of balance sheet, and Profit & Loss Statement).
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Statutory Audit Requirement:
Accounts of an LLP are not mandatorily required to be audited every year, unless they cross specific financial thresholds, as under:-
Mandatory Audit if:
- Annual Turnover exceeds Rs. 40 Lakh in any financial year, OR
- Total Contribution of partners exceeds Rs. 25 Lakh
- The audit must be conducted by a Chartered Accountant appointed by the designated partners.
Note: An LLP that does not meet either of these criteria is considered a Small LLP and is exempt from the statutory audit requirement under the LLP Act, 2008.
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Mandatory Audit if:
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Approval by Designated Partners on Annual Returns:
Designated Partners must approve and sign the Statement of Account and Solvency and Statement of Income and Expenditure, in accordance with the provisions of LLP agreement. -
Filing of Annual Forms:
LLP shall file following two Annual forms with Registrar of Companies:Requirement MCA e-Form Due Date Purpose/Content Annual Return* LLP Form 11 May 30 Summary of the LLP’s management, including details of partners/designated partners, changes, and total partner contribution. Statement of Account & Solvency LLP Form 8 October 30 Filing of the financial statements, including the balance sheet, profit & loss statement, and a declaration of the LLP’s solvency (ability to pay its debts). *Note: The certification requirement for an LLP’s Annual Return (Form 11) is determined by its financial size: Designated Partner (other than the signatory) must certify the return if the turnover is up to Rs. 5 Crore OR the contribution is up to Rs. 50 Lakh, but a Company Secretary in Practice must certify it in all other cases (i.e., if turnover is over Rs. 5 Crore OR contribution is over Rs. 50 Lakh).
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Final Approval and Confirmation on Filed Form:
- If the ROC finds everything in order, they will approve the filing.
- You will receive a formal confirmation, usually in the form of an email to the registered email ID of the LLP. This email will contain an approved copy of the Form challan/receipt or a confirmation that the document has been taken on record.
- The status of your SRN on the MCA portal will change to “Approved”.
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