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LLP

49.00

LLP commonly stands for “Limited Liability Partnership.” It is a type of business structure that combines the features of a partnership and a corporation. In an LLP, partners have limited liability, meaning that they are not personally liable for the debts and obligations of the partnership beyond their investment in the business. This means that their personal assets are protected in case the LLP faces legal action or bankruptcy. Limited liability partnerships are often favored by professional service firms such as law firms, accounting firms, and consulting companies. The specific regulations and requirements for LLPs can vary by jurisdiction.

Description

Limited Liability Partnership (LLP) structure provides NRIs (Non-Resident Indians) with a flexible and attractive option for doing business in India. Here’s some information related to LLP for NRIs:

  1. Legal Structure:
    • An LLP is a separate legal entity distinct from its partners. It offers limited liability protection to its partners, shielding their personal assets from business liabilities.
  2. Ownership and Management:
    • NRIs can be both partners and designated partners in an LLP. They can collectively own and manage the LLP, participating in its day-to-day operations and decision-making processes.
  3. Minimum Requirements:
    • At least two partners are required to incorporate an LLP, with at least two designated partners. At least one of the designated partners must be a resident in India.

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When an NRI (Non-Resident Indian) wishes to form a Limited Liability Partnership (LLP) in India, they typically need the following documents and information:

  1. Identity and Address Proof of Partners:
    • Copy of the valid passport of all partners.
    • Overseas residential address proof of partners (utility bill, bank statement, etc.).
    • Passport size photographs of partners.
  2. Digital Signature Certificates (DSC):
    • Digital signatures are required for all designated partners. DSCs can be obtained from certified authorities.
  3. Designated Partner Identification Number (DPIN):
    • DPIN is mandatory for all partners. If not already obtained, DPIN can be applied for simultaneously with the LLP registration process.
  4. LLP Name Reservation Application:
    • Application for reserving a unique name for the proposed LLP. Multiple options can be provided in order of preference.
  5. LLP Agreement:
    • Drafting LLP agreement defining the rights, duties, and responsibilities of partners and other aspects of the LLP. This agreement should be notarized.
  6. Registered Office Proof:
    • Proof of registered office address such as lease deed, rental agreement, or utility bill along with a No Objection Certificate (NOC) from the landlord.
  7. Consent of Partners:
    • Consent letters from all partners to act as such in the LLP.
  8. Foreign Investment Approvals (if applicable):
    • Depending on the sector and nature of investment, approval from relevant authorities may be required for foreign investment.
  9. Other Documents:
    • Any other documents as required by the Registrar of Companies (RoC) during the LLP registration process.

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