Compounding under LLP Act, 2008
July 6, 2015 by Manav Harivyasi
The provisions of the Act require LLPs to file the documents like Statement of Account and Solvency (SAS) and Annual Return (AR) and notices in respect of changes among partners etc. within the time specifically indicated in relevant provisions. The Act contains provisions for allowing LLPs to file such documents after their due dates on payment of additional fees. It has been provided that in case LLPs file relevant documents after their due dates with additional fees upto 300 days, no action for prosecution will be taken against them. In case there is delay of 300 days or more, the LLPs will be required to pay normal filing fees, additional fee and shall also be liable to be prosecuted.
The Act also contains provisions for compounding of offences which are punishable with fine only.
Broad provisions in respect of Offences and Penalties
Offences and penalties arising out of the non-compliance with the provisions of the Act have been defined along with the substantive provisions themselves. However, for defaults/ non-compliance on procedural matters such as time limits for filing requirements, penalties have been provided for application in a non-discretionary manner (enforced absolutely, and not at the discretion of authorities), through the levy of a default fee for every day for which the default continues. Such default fee would be payable at the rate of Rupee One Hundred (Rs. 100) per day after the expiry of the date of filing (as prescribed in relevant provision) upto a period of three hundred days. Charging of such default fees would, however, be without prejudice to any other action or liability under the Act, in case the filing is made beyond the expiry of three hundred (300) days.
Default needs to be made good before making an application to the Registrar for Compounding of an offence as the same is non-discretionary.
There is no waiver for the prescribed penalty, the same has to be paid as soon as possible without having any second thought as the penalty will increase day by day with the amount as mentioned above.