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LLP agreement filing, Form 3

  • Every new LLP must file its partnership agreement with MCA within 30 days.
  • Deadline: Within 30 days of the date of incorporation (and within 30 days of any later change)
  • Done in 3 working days after partners agree terms; filing same day as stamped agreement is signed
  • Prepared by your Savvy, checked by a CA
  1. Agreed partnership terms
  2. What is the incorporation date?
  3. Draft LLP agreement on agreed terms
  4. SRN and challan for Form 3
The law and the stepsPay and start · ₹1,999One time, + 18% GST

Answer in brief

Every new LLP must file its partnership agreement with MCA within 30 days. We draft the agreement on your terms, get it stamped and signed, and file Form 3.

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From the official sources

What the law says, and what trips people up

From the official portal's manuals and FAQs, with the source for each point.

The law

  • LLP Act 2008, Sec 23(1), 23(2) and 23(4)

    Partners' rights are governed by the LLP agreement; the agreement and changes are filed with the Registrar; where silent, the First Schedule appliesSource

  • LLP Rules 2009, Rule 21

    LLP agreement information filed in Form 3 within 30 days of incorporation; changes within 30 days of the change, with Annexure A feeSource

  • LLP Act 2008, Sec 69 (as substituted from 1 April 2022)

    Late documents can be filed with the prescribed additional fee, without prejudice to other liabilitySource

  • LLP (Amendment) Rules 2022, G.S.R. 109(E), Annexure A (effective 1 April 2022)

    Filing fee by contribution and delay multiples, with lower multiples for small LLPsSource

  • Government fee

    Form 3 filing fee by total contribution under LLP (Amendment) Rules 2022: up to ₹1,00,000: ₹50; ₹1 lakh to ₹5 lakh: ₹100; ₹5 lakh to ₹10 lakh: ₹150; ₹10 lakh to ₹25 lakh: ₹200; ₹25 lakh to ₹1 crore: ₹400; above ₹1 crore: ₹600 (https://taxguru.in/corporate-law/analysis-limited-liability-partnership-amendment-rules-2022.html). If contribution moves to a higher slab, the registration-fee difference is also paid through Form 3. State stamp duty on the agreement is separate and depends on state law (https://www.legalwiz.in/blog/llp-form-3-filing-guide-to-file-the-llp-agreement).

  • Late fee or penalty

    Additional fee as a multiple of the normal fee from 1 April 2022. Small LLP / other LLP: up to 15 days 1 time / 1 time; 15 to 30 days 2 / 4; 30 to 60 days 4 / 8; 60 to 90 days 6 / 12; 90 to 180 days 10 / 20; 180 to 360 days 15 / 30; beyond 360 days 25 / 50 times. The old ₹100 per day fee no longer applies (https://cleartax.in/s/limited-liability-partnership-amendment-rules-2022, https://taxguru.in/corporate-law/analysis-limited-liability-partnership-amendment-rules-2022.html).

On the portal

  1. Login to MCA V3 with the business user ID; associate DSC of the designated partner
  2. MCA Services > LLP Services (or e-Filing) > Form 3, Filing of LLP agreement or change in agreement
  3. Enter LLPIN to prefill master data; fill agreement details
  4. Attach stamped and signed LLP agreement; link Form 4 or 5 if partners or name changed
  5. Submit to get SRN, download PDF, affix DSC, upload against SRN
  6. Pay fee and download acknowledgement

What trips people up

  • Details in the form do not match the agreement

    Cross-check partner names, contribution and ratios before submittingSource

  • Partner details do not prefill because DIN is deactivated for KYC

    File DIR-3 KYC for the partner firstSource

  • Form 3 not filed at all

    File late with additional fee; until then the First Schedule governs partner relationsSource

  • Unpaid draft disappears

    Pay within 15 days of submission on V3Source

People ask

Is there still a ₹100 per day late fee?

No. From 1 April 2022 late fees are multiples of the normal fee; per-day charges apply only to Forms 8 and 11 after 360 days.Source

What if we have no LLP agreement?

The First Schedule of the LLP Act decides partners' rights where no agreement covers a matter.Source

Do changes to the agreement need filing?

Yes, in Form 3 within 30 days of the change.Source

Is stamp duty payable on the agreement?

Yes, as per the state where it is executed.Source

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  • Agreed partnership terms
  • Signed, stamped LLP agreement
  • Stamp duty payment proof
  • LLPIN and incorporation date
  • Contribution and profit-sharing ratio
  • Designated partner's DSC

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One time. Delivered in 3 working days after partners agree terms; filing same day as stamped agreement is signed. Due: Within 30 days of the date of incorporation (and within 30 days of any later change)

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