Publish: September 4, 2025
When should the LLP Agreement be filed?
Statutory Timeline
- The LLP Agreement must be filed within 30 days from the date of incorporation
- This timeline is mandated by the Limited Liability Partnership Act, 2008
- The countdown begins from the date mentioned on the Certificate of Incorporation
- Delayed filing leads to additional fees and compliance issues
- Timely filing ensures the LLP’s internal structure is legally recognized
Filing Method
- The agreement is filed electronically using Form 3 on the MCA portal
- A Digital Signature Certificate (DSC) of a designated partner is required
- The agreement must be duly signed, stamped, and scanned before uploading
- All required fields must be filled accurately to avoid rejection
- Filing is completed after payment of the prescribed fees
Legal Significance
- Filing validates the mutual agreement among partners and legalizes its terms
- Without timely filing, the LLP is governed by default provisions under the LLP Act
- The agreement defines operational, financial, and governance rules
- It safeguards the interests of partners and helps prevent disputes
- Filed agreements become part of the official records maintained by the Registrar
Consequences of Delay
- Filing after 30 days attracts late filing fees per day of delay
- Continuous delay may result in notices or penalties from the Registrar of Companies
- Failure to file may affect the LLP’s legal standing or contract enforcement
- Amendments to late-filed agreements may also face scrutiny
- Prolonged non-compliance can lead to further regulatory complications
Best Practices
- Prepare and execute the agreement immediately after incorporation
- Arrange for stamp paper and signatures in advance to avoid delays
- Review the agreement carefully before submission
- Ensure that all clauses comply with the LLP Act and state stamp laws
- Maintain a signed physical copy for internal and legal reference
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