NRIs and foreign nationals have invested in businesses in India through a private limited company. A Pvt Ltd Company allows 100% FDI (foreign direct investment). Although it is relatively cheaper to register a Pvt ltd firm, the compliance involved is an inhibiting factor.
To allow NRIs and foreign nationals to freely invest in a business, the government has allowed 100% FDI (foreign direct investment). We will discuss the registration process of LLP for NRIs and foreign nationals
A limited liability partnership is a new form of business entity that was introduced in India through the Limited Liability Partnership Act, 2008. LLP registrations have gained popularity among small businesses looking for low registration cost and less compliance.
Entry into India for NRIs and Foreign Nationals
Incorporation of a company – Incorporation of a private limited company is one of the main reasons NRIs and foreign nationals migrate to India. 100% FDI under the automated route adds advantage for NRIs and foreign nationals.
Opening of a branch office – India entry for opening a branch office is not preferred by NRIs and foreign nationals as the process involved is more cumbersome when compared to incorporating a private limited company. Only well-established companies with a good record of financials can open branches.
Registration of LLP – Investing in an LLP by NRIs and foreign nationals required government approval before November 2015. This made the registration process for NRIs and foreign nationals a tedious one. Now, because of the easy FDI norms, NRIs and foreign nationals have easy access to LLP registration.
LLP registration procedure for NRIs and foreign nationals
LLP registration in India requires a minimum of two persons. Out of which at least one partner must be both a citizen and a resident of India. The procedure involves five steps:
- Digital signature
- Designated partner identification number
- Name approval
- LLP agreement filing
Digital Signature Certificate
A DSC has to be obtained by the partners. A DSC is required to obtain a Designated Partner Identification Number (DPIN). The NRI or foreign national has to sign the DSC application with a notarized passport and address proof (driving licence, residence card).
Designated Partner Identification Number
A designated partner identification number has to be obtained by the partners once the DSC is obtained. A DPIN is used as DIN during the incorporation process.
An application for the reservation of the name of the LLP has to be made with the Ministry of Corporate Affairs once the DPIN for each partner has been obtained. As per the norm of the LLP, the name must be unique and not similar to an already existing company or LLP name. Once the name has been approved, the incorporation can be filed within 60 days.
Once the name has been approved, an application for the incorporation of LLP along with the necessary documents needs to be submitted to the government, this includes the subscribers’ sheet as well. Once the application has been submitted, the incorporation certificate will be given by the Ministry of Corporate Affairs.
LLP Agreement Filing
After the process of incorporation of LLP, the partners need to file an agreement within 30 days. The failure of which will lead to heavy penalties.
From November 2015, the LLP registrations for NRIs and foreign nationals have become much easier. You can also get in touch with our experts if you require clarity on the above-mentioned details.