X & Y LLP had a turnover of ₹10 crore and the total obligations of contribution of partners was ₹40 lakh. The Designated/Managing Partner is of the view that the company does not require a company secretary to certif

As per Section 35 of the Limited Liability Partnership Act, 2008 (LLP Act), Annual Return (Form 11) is required to be filed under Rule 25 of LLP Rules, 2009. Further, Rule 25(2) states that: The annual return of LLP having turnover upto five crore rupees during the corresponding financial year or contribution upto fifty lakh rupees shall be accompanied with a certificate from a designated partner, other than the signatory to the annual return, to the effect that annual return contains true and correct information. In all other cases, the annual return shall be accompanied with a certificate from a Company Secretary in practice to the effect that he has verified the particulars from the books and records of the limited liability partnership and found them to be true and correct. Analysis of the given problem: In the given problem, X & Y LLP had a turnover of ₹10 crore, which according to the above provision, exceeds ₹5 crore. The total obligations of contribution of partners of the LLP is ₹40 lakh, which is less than ₹50 lakh. According to the above provisions, even if either of the condition is satisfied, it will be deemed to be fulfilled. Conclusion: The Designated/Managing Partner's contention is wrong that the company does not require a Company Secretary to certify the Annual Return of LLP and that the e-form need not be certified by a Company Secretary in Practice. Therefore, X & Y LLP will require a Company Secretary in Practice to certify the Annual Return and the e-Form of the LLP.