Filing of the form for Purpose 1 – Filing information with regard to initial LLP Agreement

1. Which LLP should file Form 3 under Purpose 1?

The Limited Liability Partnerships (LLPs) are required to file Form 3 LLP under Purpose 1 with the Registrar within thirty days of the date of incorporation. Thus, the LLPs are required to file Form 3 LLP under Purpose 1 for one time post incorporation.

2. Can the downloaded data of Partners and Designated Partners (DP) be edited in this purpose?

No, the details of Partners/ Designated Partners cannot be edited for this purpose. The percentage values are also auto calculated on the basis of amount of Monetary Value of Contribution that has been pre-filled in the excel file for each Partner and Designated Partner.

3. Is there any option to upload the excel file in Purpose 1?

Under Purpose 1, there is no option to upload the excel files as the details are non-editable.

4. What details will get updated in the LLP master data with MCA after filing the form for Purpose 1?

The auto calculated percentage of each Partner and Designated Partner will get updated along with other details of the agreement that the user is filing through this form under Purpose 1.

Filing of the form for Purpose 2 – For information with regard to changes in LLP Agreement

1. Which LLP should file Form 3 under Purpose 1?

The Limited Liability Partnerships (LLPs) are required to file Form 3 LLP under Purpose 2 with the Registrar within thirty days of any changes that are made in the LLP Agreement.

2. What are the different purposes for which LLP Form 3 can be filed under Purpose 2?

Below are the purposes for which LLP Form 3 can be filed under Purpose 2:

• Change in business activities
• Change in partner(s)
• Change in partner’s contribution and % of profit sharing
• Change due to other reasons

3. For which purpose linked filing is required?

• Change in business activities – In case change in business activities require change in name [If yes is entered in Field 18(d) of the form], linked filing to Form 5 will be required.
• Change in partner(s) – If this change is selected, the change shall be related to Addition/ Deletion of any Partner/ Designated Partner. For Addition/ Deletion of Partner/ DP, linkage to Form 4 is required.
• Change in partner’s contribution and % of profit sharing – If the change is only related to Change in Form of Contribution or Monetary Value of Contribution or Percentage of Profit Sharing, then only this field is required to be selected. No linkage to Form 4 is required in case change is related to only contribution related fields. However, if ‘Change in Partner’ has been selected, this field will also be auto selected.
• Change due to other reasons – No linkage required.

4. What all details are captured in Table 19(a) of Form 3 in new version?

Below are the details that are captured in Table 19(a) of Form 3 in the new version:

1. Whether Body Corporate Partner (Yes/No)
2. DPIN/Income Tax PAN/Passport number of the partner/nominee
3. Details of DIN/Income Tax PAN/Passport number
4. Name of Individual Partner / Nominee of Body Corporate
5. Type of Body Corporate
6. LLPIN/CIN/FCRN/FLLPIN/Other Identification Number
7. Details of LLPIN/CIN/FCRN/FLLPIN/Other Identification Number
8. Name of Body Corporate
9. Designation (Partner/Designated Partner)
10. Form of contribution (Conversion/Cash/ Other than cash)
11. Monetary value of contribution
12. % of Profit sharing
13. Type of change (Addition/Deletion/Change/No Change)

5. Which all details can be edited in Table 19(a) of Form 3?

Please note that Table 19(a) shall be downloadable only when the purpose “Change in Partner(s)” and/or “Change in partner’s contribution and % of profit sharing” has been selected in Field 17 of the Form.

Only the below mentioned changes can be made in Table 19(a):

Scenario 1 – where “Change” has been entered in “Type of Change”

Scenario 2 – where “Addition” has been entered in “Type of Change”

No existing field shall be edited. In case of “Addition”, only new details can be added in fresh row.

Scenario 3 – where “Deletion” has been entered in “Type of Change”

No existing field shall be edited. In case of “Deletion”, only “Deletion” has to be entered in the last column of the table in “Type of Change”.

Scenario 4 – where “No Change” has been entered in “Type of Change”

“No Change” will be auto entered for all existing data. Users are not allowed to change any information in this case.

6. What things shall be taken care of while making any changes in Table 19(a) in excel format?

Please ensure to follow the below steps for successful upload of the excel file of Table 19(a) without any errors:

1. Please ensure not to edit any existing details except as mentioned in Point 5 above;
2. Please ensure the details that are given match the format of headings in the table for eg. Addition shall not be written as addition or ADDITION etc.;
3. Please ensure spellings are correct and are matching the ones in heading of table for eg. Addition shall not be written as Adition etc.;
4. Please ensure DIN/ PAN/ Passport and CIN/ LLPIN/ FCRN/ FLLPIN/ Other Identification Number details are correct and unique for each record;
5. Please ensure only DIN is provided for Designated Partner;
6. Please ensure not to enter anything in the fields which are not applicable for eg; If body corporate details are not applicable, please leave the respective fields blank;
7. Please ensure to enter Yes/ No for field “Whether Body Corporate Partner” in the second column of the table;
8. Please ensure that Monetary Value of Contribution is not 0 for any Partner/ Designated Partner;
9. Summation of all the values corresponding to partners should be equal to 100;
10. Type of Partner/ Designated Partner/ Nominee and relevant identification number
    • DPIN – Designated Partner
    • DPIN/ PAN/ Passport number – Partner

Type of Body Corporate and relevant identification number:

i) LLPIN – LLP ii) CIN – Company iii) FCRN – Foreign Company iv) FLLPIN – Foreign LLP v) Other Identification Number – LLP incorporated outside India (LIOI) or Company incorporated outside India (CIOI)

7. Example of appointment of an Individual Designated Partner and Body Corporate Designated Partner

Where first one is being appointed as an Individual Designated Partner and second one is being appointed as a Body Corporate Designated Partner.

8. What are the types of errors and their meanings while uploading the excel of Table 19(a)?

Below are the types of errors and their meanings that may come up while uploading the excel file of Table 19(a) in Form 3 LLP:

• Please enter correct value of DIN/PAN as entered for the Designated Partner/Partner If DIN/PAN are not entered in correct pattern
• Excel file template is tampered. Please upload correct file If any tampered file or wrong file has been uploaded
• Please ensure no mandatory field has been left blank If any of the mandatory field is left blank
• The sum of all values does not equals 100. Please enter correct values If the sum of percentage of profit sharing of all Partners and Designated Partner is not equal to 100
• The data entered cannot be Zero for Percentage of Contribution field If 0 has been entered in Monetary Value of Contribution for any Partner or Designated Partner
• DPIN/PAN/Passport value shall be unique If any DPIN/PAN/Passport value is repeating for more than one record
• For Designated Partners, DPIN is mandatory If DPIN is not entered for Designated Partner
• For new Partner/Designated Partner, addition to be mandatorily entered If for new records, Addition has not been entered in Type of Change field
• Please enter correct value ‘Addition/ Deletion/ No Change/ Change’ for field ‘Type of Change’ in column 14 of the file If changes have been made in existing record with incorrect value in Type of Change field
• Please enter correct value ‘DPIN/ Income Tax PAN, Passport number’ in column 3 of the file If there is spelling error or value is not entered as per heading format
• Please enter correct value of ‘Yes/No’ in column 1 of the file If there is spelling error or value is not entered as per heading format
• Please enter correct value ‘LLP/ Foreign LLP/ Company/ Foreign Company/ LLP incorporated outside India (LIOI)/ Company incorporated outside India (CIOI)’ in column 6 of the file If there is spelling error or value is not entered as per heading format
• Please enter correct value ‘LLPIN/ CIN/ FCRN/ FLLPIN/ Other Identification Number’ in Column 7 of the file If there is spelling error or value is not entered as per heading format
• Please ensure to enter correct value in Column 8 according to the Type of Body Corporate selected in Column 6 in the file If value is not entered as per the below mentioned values:
  • LLP
  • Company
  • Foreign Company
  • Foreign LLP
  • LLP incorporated outside India (LIOI)
  • Company incorporated outside India (CIOI)

9. What are the things that are required to be taken care of while filing Form 4 LLP as linked filing to Form 3?

Form 4 LLP will be linked to Form 3 LLP only in case of Addition/ Cessation of Partner or Designated Partner of the LLP. User needs to ensure that details entered in Form 3 shall match with the details in Form 4 LLP.

Form 4 LLP can be additionally filed for other purposes as well like change in designation of Partner/ Designated Partner or Change in Nominee of Body Corporate Partner or Designated Partner etc.

10. What to do in case there is any data related issue which has been pre-filled in the excel file?

In case of any data related issue, please reach out to MCA helpdesk or raise a ticket with MCA helpdesk with screenshot of the error/ incorrect data and LLPIN.

Disclaimer: This article provides general information existing at the time of preparation and we take no responsibility to update it with the subsequent changes in the law. The article is intended as a news update and Affluence Advisory neither assumes nor accepts any responsibility for any loss arising to any person acting or refraining from acting as a result of any material contained in this article. It is recommended that professional advice be taken based on specific facts and circumstances. This article does not substitute the need to refer to the original pronouncement