MCA waives additional fees and extends last date for filling of LLPBEN-2 and Form 4D

Background:

The Ministry of Corporate Affairs (MCA) has issued a Circular regarding the relaxation of additional fees and the extension of the last date for filing LLP BEN-2 and Form 4D.

• E-form LLP BEN-2 is prescribed for filing a Return to the Registrar in respect of the declaration under
  section 90 of the Companies Act, 2013.
• Section 90 – Declaration of Significant Beneficial Ownership

• Every individual who is a significant beneficial owner in a reporting company must file a
  declaration in Form No. BEN-1 within ninety days from the commencement of the Companies
  (Significant Beneficial Owners) Amendment Rules, 2019.
• If an individual subsequently becomes a significant beneficial owner or if there is any change in
  their significant beneficial ownership after the initial filing, they must submit a declaration in Form
  No. BEN-1 to the reporting company, within thirty days of acquiring such significant beneficial
  ownership or any change therein.
• Upon receiving the declaration in Form No. BEN-1 from the significant beneficial owner, the
  reporting company is obligated to file a return in Form No. BEN-2 with the Registrar of Companies.
• This return filing must occur within thirty days from the date of receiving the declaration.
• E-form LLP Form No. 4D is prescribed for filing a Return to the Registrar in respect of the declaration of beneficial interest in the contribution received by the LLP.

Relaxation Measures:

• LLPs are allowed to file Form LLP BEN-2 and LLP Form No. 4D without paying any additional fees until May 15, 2024.
• This relaxation is provided to encourage LLPs to comply with the reporting requirements during the
  transition period.
• The new forms (LLP BEN-2 and LLP Form No. 4D) will be made available in version 3 for filing purposes from April 15, 2024.