HomeNews UpdatesUncategorizedFiling of SBO (Significant Beneficial Owner) details and Beneficial Interest in LLP’s with ROC

Filing of SBO (Significant Beneficial Owner) details and Beneficial Interest in LLP’s with ROC

  • March 8, 2024
  • Posted by: Hushai Cconsultants LLP
  • Category: Uncategorized
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Filing of SBO details with Registrar of Companies by LLP’s in Form LLP BEN-2 and the time limit thereof.

 The Ministry of Corporate Affairs has notified Limited Liability Partnership (Significant Beneficial Owners) Rules, 2023 vide G.S.R. No. 832(E) dated 09.11.2023 and prescribed E-form LLP BEN-2 and thereby all the LLP’s having non-Individual shareholders satisfying the criteria provided under Section 90 of the Companies Act, 2013 has to mandatorily file Form LLP BEN-2

Vide recent circular No.01/2021 of Ministry of Corporate Affairs dated 07th February 2024 it is informed that ministry is introducing the form LLP BEN-2 on 15th April 2024 and provided a period of 30 days for filing the same with the payment of normal filing fees. Hence all the LLP’s which is having non-individual partners and satisfying the conditions provided in Section 90 to the Companies Act, in this respect has to file LLP BEN-2 on or before 15th May 2024, without a penalty.

 

Maintenance of Register of LLP’s and filing of Beneficial interest in LLP Contribution:

Similarly, The Ministry of Corporate Affairs has notified Limited Liability Partnership (Third Amendment) Rules, 2023 vide G.S.R. No. 803(E) dated 27.10.2023 and made it mandatory to keep the Register of partners in LLP Form 4A and enter the details within 30 days from the date of commencement of the Rules and thereafter within 7 days from the date of such Change.

If a partner does not hold any beneficial interest fully or partly in contribution (such person shall file with the Limited Liability Partnership, a declaration to that effect in Form 4B within a period of thirty days from becoming a partner and every person who holds or acquires a beneficial interest in contribution of a LLP,but his name is not registered in the register of partners  shall file with Limited Liability Partnership, a declaration disclosing such interest in Form 4C.

In such cases the Limited Liability Partnership shall record such declaration in the register of partners and shall file, within a period of thirty days from the date of receipt of declaration by it, a return in Form 4D to the Registrar in respect of such declaration with fees as prescribed.

Ministry of Corporate Affairs vide its recent circular No.01/2021 dated 07th February 2024 it is informed that ministry is introducing the Form 4-D on 15th April 2024 and provided a period of 30 days for filing the same with the payment of normal filing fees. Hence all the LLP’s which is having beneficial interest in partners  contribution has to file  Form 4-D on or before 15th May 2024, without a penalty.



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