Foreign LLP Registration

Description

Requirements for LLP Registration for Foreign Nationals

To initiate the process for LLP registration for NRIs and Foreign Nationals in India, several essentials must be met as outlined below:

Minimum Directors and Shareholders

·  There must be a minimum of two designated directors for the LLP, with at least one of them being an Indian citizen residing within India.

·  Additionally, a minimum of two shareholders is required for the LLP registration.

Process of LLP Registration for Foreign Nationals

1. Obtaining the Digital Signature Certificate

All prospective LLP partners, including NRIs and Foreign Nationals, need to possess a valid digital signature and acquire a Digital Signature Certificate. This certificate is important, and you can get it by filling out an application and including copies of your passport and address proof. You need to send all this to the Certifying Authority, which usually takes about one to three days. The Digital Partner Identification Number can only be obtained after securing a valid Digital Signature Certificate.

2. Obtaining the Digital Partner Identification Number

With the obtained Digital Signature Certificate, the proposed partners can apply for a Digital Partner Identification Number, an essential for the process of LLP registration for NRIs and Foreign Nationals. This step typically spans one to two days.

3. Filing of the LLP Agreement

Subsequent to obtaining the certificate of LLP registration for NRIs and Foreign Nationals, the LLP agreement must be executed and filed with the Ministry of Corporate Affairs within 30 days of receiving the certificate of incorporation.

Required Documents for Foreign LLP Registration

1. Certificate of Incorporation/Registration:
   • The original Certificate of Incorporation or Registration of the LLP from its home country.
2. LLP Agreement:
   • A copy of the LLP Agreement outlining the terms and conditions governing the partnership.
3. Partners’ Details:
   • Details of the partners, including their names, addresses, passport copies, and proof of identity. Some jurisdictions may also require information on the partners’ roles and responsibilities within the LLP.
4. Registered Office Address Proof:
   • Proof of the registered office address of the LLP in the foreign jurisdiction. This may include a lease agreement, utility bill, or similar documentation.
5. Passport Copies:
   • Copies of the passports of all partners involved in the LLP.
6. Local Agent Appointment Letter:
   • In many jurisdictions, a letter of appointment for a local agent or representative who will act on behalf of the foreign LLP in the new jurisdiction.
7. Application Forms:
   • Completed application forms as required by the regulatory authority in the foreign jurisdiction.
8. Name Reservation Certificate:
   • If the jurisdiction requires it, a certificate confirming the reservation of the LLP’s name in the foreign jurisdiction.
9. Power of Attorney (if applicable):
   • A Power of Attorney document if any partner or representative is authorized to act on behalf of the LLP during the registration process.
10. Compliance Declarations:
    • Declarations or affidavits affirming compliance with local laws and regulations.