Shareholding Pattern: Meaning, Types & Why It Matters for Investors

What is the purpose of Form 8?

Form 8 LLP is an annual return that discloses an LLP's financial position and solvency. It is mandatory under the Limited Liability Partnership Act 2008, to promote transparency and ensure that LLPs meet their financial obligations. By filing Form 8 LLP, an LLP confirms its ability to pay debts as they become due in the normal course of business.

The form provides the MCA with an overview of the LLP's assets, liabilities, and cash flows, enabling them to monitor the financial health of the LLP. Banks, creditors, and other stakeholders may also refer to an LLP's Form 8 filings to assess its creditworthiness and make informed decisions.

LLP Form 8 - Statement of Account & Solvency

LLP Form 8, or the Statement of Account & Solvency, is an annual filing that every LLP must submit to the MCA, regardless of its size, turnover, or profitability. The form consists of two main parts:

• Part A: Statement of Solvency
• Part B: Statement of Account (Financial Statements)

The Statement of Solvency is a declaration by the LLP's designated partners confirming that the LLP is able to pay its debts in full as they become due. This section must clearly disclose any insolvency or inability to pay debts.

The Statement of Account includes the LLP's financial statements, such as the balance sheet, profit and loss account, and cash flow statement. These statements provide a true and fair view of the LLP's financial position and performance.

Timely filing of Form 8 LLP is crucial to avoid penalties and maintain compliance with the LLP Act. The due date for filing falls on October 30th each year for the financial year ending March 31st.

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Laws Governing Form 8

The filing of Form 8 LLP is governed by the following laws:

• Section 34(2) and 34(3) of The Limited Liability Partnership Act, 2008
• Rule 24 of The Limited Liability Partnership Rules, 2009

These laws require all LLPs to file Form 8 annually and prescribe the format, disclosures, and timelines for filing the form. Non-compliance with these provisions can result in penalties and legal action against the LLP and its partners.

Components of Form 8

LLP Form 8 consists of two main sections:

1. Part A - Statement of Solvency
   
   • Declaration by the designated partners about the LLP's ability to meet its debts and liabilities
   • Disclosure of any insolvency or inability to pay debts
2. Part B - Statement of Accounts
   
   • Balance sheet as of the end of the financial year
   • Profit and loss account for the financial year
   • Cash flow statement for the financial year
   • Notes to accounts and significant accounting policies
   • Details of remuneration to designated partners
   • Auditor's report, if applicable

LLPs must ensure that the financial statements are prepared in accordance with the applicable accounting standards and present a true and fair view of the state of affairs. Depending on the LLP's turnover and contribution, the financial statements may need to be audited before filing.

The Due Date for Filing LLP Form 8

LLP Form 8 must be filed annually, within 30 days from the end of six months of the financial year to which the Statement of Account and Solvency relates. For LLPs following the April-March financial year, the due date for filing Form 8 LLP is October 30th of each year.

It is essential to note that this filing requirement applies to all LLPs, irrespective of their size, turnover, or commencement of business activities. Even inactive LLPs must file Form 8 to avoid penalties.

Failure to file the form by the due date attracts additional fees and penalties, which increase with the delay. LLPs must prioritise timely filing to maintain legal compliance and avoid adverse consequences.

Related Read: What is LLP Form 11?

Required Details for Filing Form 8

To file LLP Form 8, the following details are required:

• Limited Liability Partnership Identification Number (LLPIN)
• Name and registered address of the LLP
• Details of designated partners
• Jurisdiction of Police Station for the registered office
• The financial year to which the Statement of Account and Solvency relates
• Statement of Assets and Liabilities as at the end of the financial year
• Income and Expenditure Statement for the financial year
• Details of charges created, modified or satisfied during the year
• Details of penalties and compounding fees paid during the year

Attachments Required with LLP Form 8

1. Mandatory attachment:
   
   1. Details of disclosures under the Micro, Small and Medium Enterprises Development Act, 2006
2. Conditional attachment:
   
   1. Statement of contingent liabilities, if applicable
3. Optional attachments:
   
   1. Any other relevant information or documents

Small LLP

The concept of "Small LLP" was introduced by the LLP (Amendment) Act, 2021 to reduce the compliance burden and costs for smaller LLPs. An LLP is classified as a Small LLP if it meets the following criteria:

• The contribution does not exceed ₹25 lakhs (or higher amount as notified by the Central Government, up to a maximum of ₹5 crores)
• The turnover in the immediately preceding financial year does not exceed ₹40 lakhs (or higher amount as notified by the Central Government, up to a maximum of ₹50 crores)

Small LLPs enjoy several benefits, such as:

• Lower filing fees for Form 8 LLP and other forms
• Relaxed penalties for non-compliance
• Self-certification of documents by designated partners without the need for professional certification

However, Small LLPs must still comply with the filing deadlines and other requirements under the LLP Act. Their classification as Small LLPs is based on self-declaration, and any false or incorrect declaration can attract penalties.

MCA Fees for filing Form 8

Inadequate or incorrect payment of fees can result in the form being marked as defective, requiring re-submission with additional fees.

Related Read: LLP Registration Fee in India

Additional Fee (Penalty) for Filing Form 8

Late filing of Form 8 LLP attracts additional fees, which vary based on the period of delay and the type of LLP (Small LLP or Other LLP). The additional fees for late filing are as follows:

LLPs should strive to file the form within the due date to avoid these additional fees and maintain compliance with the LLP Act.

Certification Requirements for Form 8

Form 8 LLP must be certified by the following individuals before filing:

• Minimum two designated partners of the LLP
• A practising professional (Chartered Accountant, Company Secretary, or Cost Accountant)

The designated partners must sign the form, declaring that the information provided is true and correct to the best of their knowledge. The practising professional must certify that the financial statements and other particulars in the form agree with the LLP's books of account and records.

Small LLPs are exempted from the professional certification requirement, and the designated partners can self-certify the form. However, it is advisable to seek professional assistance to ensure accurate and compliant filing.

Procedure to file Form 8

The procedure to file LLP Form 8 involves the following steps:

1. Access the MCA portal and log in using the LLP's credentials
2. Navigate to the "LLP Forms Download" section and select "Form 8"
3. Fill in the required details and attach the necessary documents
4. Save the form as a draft if required, or submit the form
5. Generate and note down the Service Request Number (SRN) for future reference
6. Affix Digital Signature Certificates (DSCs) of the designated partners and practising professional
7. Upload the signed form on the MCA portal
8. Make the payment of filing fees within 15 days of SRN generation
9. Upon successful payment, an acknowledgement receipt will be generated

LLPs should ensure that all the steps are completed within the prescribed timelines to avoid any delays or rejection of the filing. 

Annual filings for LLP

Apart from Form 8 LLP, LLPs are required to file other annual forms to comply with the MCA regulations. These include:

• LLP Form 11 (Annual Return)
• Income Tax Return (ITR) 5

Timely filing of these forms is crucial to avoid penalties, which can be significant—up to ₹5 lakh for non-compliance. Although LLPs have fewer compliance requirements compared to private limited companies, failure to meet these obligations can lead to serious consequences. Maintaining proper books of account is essential for facilitating accurate and timely filings.

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Example of LLP Form 8 Filing

Let's consider a simple case study to understand the filing of LLP Form 8:

ABC LLP, with total assets of ₹5 lakhs and liabilities of ₹2 lakhs, needs to file its Statement of Account and Solvency for the financial year 2024-25.

The LLP follows these steps to fill the form:

1. The designated partners prepare the financial statements, including the balance sheet and profit & loss account.
2. They fill out LLP Form 8, providing the required details and attaching the necessary documents.
3. The form is then certified by the designated partners and a Chartered Accountant (CA).
4. The LLP files the form online through the MCA portal, affixing the Digital Signature Certificate (DSC) and making the requisite payment.
5. The form is submitted within the due date of October 30th, 2025, to avoid any late fees or penalties.

MCA LLP Compliance Chart

The following chart summarises the key compliance requirements for LLPs in India:

LLPs must prioritise these filings and ensure timely submission to maintain compliance with the MCA and Income Tax Department regulations. 

Frequently Asked Questions:

Key Difference Between MOA and AOA

Here’s a simple comparison to clarify how the MOA and AOA differ:

What is a Memorandum of Association (MOA)?

The Memorandum of Association (MOA) acts as a company's legal charter. It defines your company's scope of operations and its relationship with the outside world. Think of it as the “birth certificate” of your business; without it, your company cannot legally exist.

Key points about the MOA:

• It outlines the company's name, registered office, objectives, share capital, and liability.
• It is a mandatory document required for incorporation under the Companies Act, 2013.
• It must be signed by all initial shareholders (also known as subscribers) and filed with the Registrar of Companies (ROC).
• The MOA becomes a public document, accessible via the Ministry of Corporate Affairs (MCA) portal.

In short, the MOA defines what your company is legally allowed to do.

Here is a complete guide on MOA with templates. 

Benefits of MOA

A well-drafted MOA benefits a company in several ways:

• Establishes Legal Identity: It acts as the legal document that brings the company into existence.
  
• Defines Scope of Business: It sets clear boundaries for what the company can and cannot do.
• Protects Shareholder Rights: Investors can see the company’s stated objectives before deciding to invest.
• Builds Credibility: A publicly available MOA adds transparency and helps build trust with stakeholders.
• Ensures Regulatory Compliance: It ensures the company remains within the ambit of applicable laws and regulations.

Main Clauses of MOA

The MOA typically contains the following six main clauses:

1. Name Clause: States the legal name of the company.
2. Registered Office Clause: Specifies the location of the company's registered office.
3. Object Clause: Defines the company’s business objectives (main and ancillary).
4. Liability Clause: Clarifies whether shareholder liability is limited or unlimited.
5. Capital Clause: Details the company’s share capital structure.
6. Subscriber Clause: Lists the names of the initial shareholders and their shareholdings.

What are Articles of Association (AOA)?

The Articles of Association (AOA) outline the internal rules and governance structure of the company. While the MOA defines your company’s external identity, the AOA governs its internal workings.

Key points about the AOA:

• It specifies how the company will be managed and run day-to-day.
• It outlines the rights and responsibilities of shareholders and directors.
• It is customised for each company and signed by the initial shareholders.
• It is submitted along with the MOA to the ROC during incorporation.
• The AOA is legally binding on both the company and its members.

In simple terms, the AOA serves as the “rulebook” for how your company will operate.

Read More: Articles of Association Template - INC 34 Form Download

Benefits of AOA

A good AOA brings several operational advantages:

• Establishes Governance Rules: It provides a clear framework for managing internal operations.
• Defines Director Roles: It outlines powers, duties, appointment, and removal of directors.
• Facilitates Decision-Making: It guides how decisions are made at the Board and shareholder levels.
• Prevents Internal Conflicts: It sets clear expectations around rights and responsibilities, helping to resolve disputes.
• Supports Operational Efficiency: By providing detailed procedures for meetings, share transfers, and other processes.

Contents of an AOA

A typical AOA contains the following key components:

• Meeting Procedures: Guidelines for conducting Board and shareholder meetings.
• Share-Related Rules: Terms for share issuance, transfer, conversion, and forfeiture.
• Director Responsibilities: Appointment, removal, powers, duties, and compensation of directors.
• Audit and Accounts: Procedures for maintaining accounts and conducting audits.
• Conflict Resolution: Rules for resolving disputes among members or between members and the company.
• Winding Up: Processes to be followed if the company is dissolved.

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Conclusion

Both the Memorandum of Association (MOA) and Articles of Association (AOA) are essential legal documents for every company in India. While the MOA defines the company's legal identity and permitted scope, the AOA lays down the internal rules for managing the company.

So take the time to draft them carefully (with professional advice!) and align them with your vision for the company. A strong MOA and AOA will give you the legal clarity and operational confidence to scale your business smoothly.

Frequently Asked Questions

FSSAI Registration

FSSAI Registration is the basic license issued to small-scale food businesses by the state food safety authorities. It applies primarily to small food business operators (FBOs) whose turnover falls below a certain threshold and who operate within a single state.

This registration is essential to legally operate a food business and ensures compliance with food safety norms. However, for larger businesses or those operating across multiple states, an upgraded license (State or Central License) is required.

Food Business Operators Who Need FSSAI Registration?

The following food businesses typically require FSSAI Registration:

• Small Manufacturers: Small-scale producers of food items with limited turnover.
  
• Transporters: Entities involved in the transportation of food within the state.
  Retailers: Small shops, grocery stores, or vendors selling food products directly to consumers.
  
• Small Food Businesses: Street food vendors, hawkers, or home-based food businesses.
  
• Medium Food Businesses: Hotels, Restaurants & Bars
  

Types of FSSAI Registration

Beyond legal compliance, filing ITR offers several advantages:

Benefits of Obtaining an FSSAI Food License

Obtaining an FSSAI license offers multiple advantages:

• Consumer Trust: Shows commitment to food safety, increasing customer confidence.
  
• Legal Compliance: Avoids penalties and legal issues by following regulations.
  
• Business Expansion: Facilitates scaling operations across states and international markets.
  
• Brand Credibility: Enhances brand image by adhering to recognised safety standards.
  
• Access to New Markets: Many retailers and e-commerce platforms require FSSAI certification.
  

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FSSAI Registration Eligibility

Below is the eligibility criteria for FSSAI registration:

• Annual turnover up to ₹12 lakhs.
  
• Operates only within a single state.
  
• Includes small-scale manufacturers, traders, retailers, hawkers, and temporary stall owners.
  

FSSAI License Eligibility

Businesses requiring State or Central Licenses typically fulfil these conditions:

• Annual turnover between ₹12 lakhs and ₹20 Crores (State License).
  
• Annual turnover exceeding ₹20 crores (Central License).
  
• Operations across multiple states or involved in import/export.
  
• Large-scale food processors and manufacturers.
  

Food Capacity Limit Required for Obtaining FSSAI Registration

Note: These limits may vary based on specific food categories and local regulations.

Documents Required for Obtaining the FSSAI Registration/License

Common documents needed include:

• Identity Proof (Aadhar, PAN Card)
  
• Address Proof of Business Premises (Rent Agreement/Utility Bill)
  
• Passport-sized Photographs of the Applicant
  
• Certificate of Incorporation (for companies)
  
• Food Safety Management Plan or Statement of Food Products
  
• NOC from the local municipality or health department
  
• Proof of possession of premises (ownership or lease)
  

How to Apply for FSSAI Registration Online?

Applying for an FSSAI Registration or License online is a straightforward process — and the best part is, you can do it all from the comfort of your home or office.

Step 1: Visit the Official FSSAI Website

Head over to the official Food Safety Compliance System (FoSCoS) portal: https://foodlicensing.fssai.gov.in

Step 2: Create an Account

Click on “Sign Up” and fill in your details like name, mobile number, email ID, and state of operation. Once registered, you’ll receive login credentials via email or phone.

Step 3: Fill in the Application Form

After logging in, choose the appropriate license type based on your business size and turnover (Basic, State, or Central). Then, fill in the required details such as:

• Business name and address
  
• Type of food business (manufacturer, distributor, caterer, etc.)
  
• Contact information
  
• Business turnover and food handling capacity
  

Step 4: Upload Required Documents

Upload scanned copies of all the necessary documents.

Step 5: Pay the Application Fee

Once the form is complete and documents are uploaded, proceed to pay the applicable fee online. The amount depends on the license type and duration selected (1–5 years).

Step 6: Submit the Application

Double-check all details before clicking “Submit”. Once submitted, you’ll receive an application reference number which you can use to track your status.

Step 7: Track Your Application Status

Use the “Track Application” feature on the dashboard to monitor progress. You’ll receive notifications if additional info or documents are required.

Once submitted, your application will be reviewed by the local food safety officer. They may conduct a physical inspection (for licenses) or approve the application directly (for Basic Registrations). Upon approval, you’ll receive your FSSAI certificate online.

FSSAI License Cost & Validity

Costs may vary based on license duration and type.

FSSAI Registration Status

How to Check Status:

1. Visit the FSSAI portal.
   
2. Log in using registered credentials.
   
3. Navigate to the “Application Status” section.
   
4. Enter your Application/Registration number.
   
5. View the current status (Pending, Approved, Rejected).
   

FSSAI Penalty and Offences

The Food Safety and Standards Authority of India (FSSAI) takes food safety very seriously — and rightly so. Non-compliance can lead to hefty penalties, legal action, or even imprisonment, depending on the nature and severity of the offense.

Here’s a breakdown of common offences under the Food Safety and Standards Act, 2006, and their corresponding penalties:

Renewal of FSSAI License

Renew your license at least 30 days before it expires. The process is similar to applying for a fresh — just log in, fill out renewal forms, upload updated documents, and pay the fees. Missing renewal deadlines can lead to fines or even suspension of your license.

FSSAI License for Cloud Kitchen

Cloud kitchens, operating without a physical dine-in space, are also required to obtain FSSAI licenses. Typically, they fall under:

• Basic Registration: If turnover and scale are small.
  State License: For larger cloud kitchens with higher turnover.
  

The application process is the same, focusing on food safety management specific to cloud kitchens.

Conclusion

FSSAI registration and licensing are essential for any food business in India. They help keep your customers safe, build your brand, and keep you on the right side of the law.

So, if you're running any kind of food business, be it a small catering outfit, a packaged snack brand, or an export-oriented manufacturing unit, FSSAI must be part of your growth strategy. It’s a small step toward compliance, ensuring that you’re meeting the highest standards of food safety and hygiene.

Frequently Asked Questions