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Foreign Limited Liability Partner (LLP) (MCA Registration)

About of Service

  1. Foreign Limited Liability Partnership (LLP) MCA registration pertains to the process of establishing an LLP in India with participation from foreign partners. This registration falls under the purview of the Ministry of Corporate Affairs (MCA), the regulatory body overseeing corporate affairs in India.

    Here's a more detailed breakdown of the process:

    Eligibility: Foreign entities or individuals seeking to establish an LLP in India must meet certain eligibility criteria, which typically involve compliance with Indian foreign investment regulations, such as sectoral caps and government approval requirements.

    Name Reservation: The first step involves selecting a unique name for the LLP and checking its availability on the MCA portal. The name should comply with the LLP Act and any guidelines issued by the MCA.

    Document Preparation**: Partners need to prepare and submit various documents, including:

       - LLP Agreement: This document outlines the rights, duties, and responsibilities of the partners, as well as the LLP's operational framework.

       - Incorporation Documents: These include details of the partners, registered office address, and consent of designated partners.

       - Identity and address proofs of partners: Such as passport, driver's license, etc.

    Filing Application: Partners file an application for LLP registration with the MCA. This application must be submitted along with the required documents and prescribed fees.

    Verification: The Registrar of Companies (RoC) verifies the application and documents submitted. If everything is in order, the LLP registration is approved.

    Certificate of Incorporation: Upon approval, the MCA issues a Certificate of Incorporation, officially recognizing the formation of the LLP.

    LLP Agreement Submission: Within 30 days of incorporation, partners must execute the LLP agreement and file it with the MCA. This agreement serves as the governing document for the LLP's operations.

    Foreign LLPs may also need to comply with additional regulations depending on factors such as the nature of their business activities, their country of origin, and any bilateral agreements between India and their home country. Seeking guidance from legal and financial experts with expertise in international business and corporate law is advisable to ensure compliance with all relevant regulations and requirements.

Uses and Benefits
  • Check Eligibility: Ensure that your foreign LLP meets the eligibility criteria for registration in India. Foreign LLPs must comply with the regulations set forth by the MCA.
  • Documentation: Prepare the necessary documents for registration, which typically include: Certificate of Incorporation or Registration of the foreign LLP LLP Agreement Address proof of the registered office in India Proof of identity and address of partners Details of designated partners Consent of the designated partners to act as partners Other relevant documents as per the MCA requirements
  • Obtain Digital Signatures: Designated Partners need to obtain digital signatures for filing forms electronically with the MCA.
  • Register on MCA Portal: Create an account on the MCA portal if you haven't already. This account will be used for filing registration forms and other necessary documents.
  • File Form 27: This form is for the registration of Foreign LLP. It needs to be filed online on the MCA portal along with the required documents and fees.

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Charges Structure & Our Scope of Work

Additional Disclosure

1. Overview of Foreign LLP Registration with MCA:

  • Purpose: To officially register a foreign LLP establishing business operations or presence in India.
  • Regulatory Basis: Companies Act, 2013, and rules regarding the registration of foreign companies and LLPs in India.

2. Foreign LLP Details:

  • Name and Address:
    • LLP Name: Full legal name of the foreign LLP as per its incorporation documents.
    • Head Office Address: Complete address of the LLP’s principal place of business outside India.
  • Incorporation Details:
    • Country of Incorporation: The country where the LLP is incorporated.
    • Foreign Registration Number: Registration number or identification number assigned to the LLP by the regulatory authority in its home country.

3. Indian Presence Details:

  • Type of Presence:
    • Nature of Business: Detailed description of the business activities the foreign LLP will undertake in India.
    • Indian Office Address: Complete address of the Indian office or place of business.
  • Indian Operations:
    • Business Plan: Outline of the business plan or objectives for establishing a presence in India.
    • Office Details: Description of the office setup, including lease agreements or ownership documents.

4. Authorized Representatives and Designated Partners:

  • Details of Representatives:
    • Indian Representatives: Names and addresses of authorized representatives or agents in India.
  • Designated Partners:
    • Details of Partners: Information about designated partners of the foreign LLP, including names, addresses, and identification numbers.

5. Financial and Legal Documents:

  • Certificate of Incorporation:
    • Document: Copy of the certificate of incorporation of the foreign LLP issued by the relevant authority in the LLP’s home country.
  • Partnership Deed:
    • Document: Copy of the partnership deed or agreement outlining the terms of the LLP.
  • Audited Financial Statements:
    • Documents: Copies of the audited financial statements of the foreign LLP for the last three financial years.
  • Proof of Business:
    • Documents: Documents showing the nature and scope of business activities, such as contracts or business agreements.

6. Legal Compliance and Certifications:

  • Power of Attorney:
    • Document: A notarized power of attorney authorizing a person or entity in India to act on behalf of the foreign LLP.
  • Board Resolution:
    • Resolution: A resolution passed by the foreign LLP’s board of directors authorizing the establishment of an Indian office and appointing representatives.

Terms & Conditions

Documents & Detail Required

  • LLP Agreement: This document outlines the terms of the partnership, including details of the partners, their contributions, profit-sharing ratios, and management structure.

  • Incorporation Documents: Forms such as Form 1 (Application for reservation of name), Form 2 (Incorporation document and subscriber's statement), Form 3 (Details of LLP agreement), Form 4 (Consent of partners to act as designated partners), Form 9 (Details of LLP partners), Form 18 (Address proof of registered office), and Form 29 (Consent of partners to act as designated partners) are typically required.

  • Identity and Address Proofs: Partners need to provide valid identity and address proofs, such as passport copies, driver's licenses, or Aadhaar cards (for Indian residents).

  • Foreign Investment Approvals: Depending on the nature of the business and sector, foreign partners may need approvals from regulatory authorities like the Reserve Bank of India (RBI) or the Foreign Investment Promotion Board (FIPB).

  • Power of Attorney: If any partner is represented by an attorney or agent, a power of attorney authorizing them to act on behalf of the partner must be submitted.

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OUR REVIEW

FAQ'S

What is a Foreign LLP?

A Foreign Limited Liability Partnership (LLP) is an LLP registered outside India but intending to establish a presence in India. Foreign LLPs must register with the MCA to operate legally within the country.

Who can register a Foreign LLP in India?

Any foreign LLP that intends to carry on business in India can register with the MCA. However, they must meet the eligibility criteria set by the MCA.

What are the eligibility criteria for registering a Foreign LLP in India?

Foreign LLPs seeking registration in India must comply with the regulations set forth by the MCA. Typically, they should be registered and governed by laws similar to the Indian LLP Act.

What documents are required for the registration of a Foreign LLP with the MCA?

The required documents include the Certificate of Incorporation or Registration of the foreign LLP, LLP Agreement, address proof of the registered office in India, proof of identity and address of partners, details of designated partners, consent of designated partners, and any other documents as per MCA requirements.

How can I apply for registration of a Foreign LLP with the MCA?

The registration process involves filling out Form 27 on the MCA portal and submitting it along with the necessary documents and fees. Designated partners need to obtain digital signatures for filing forms electronically.