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Hello Auditor

Is foreign direct investment (FDI) allowed in LLPs?

FDI Permission in LLPs

  • Yes, Foreign Direct Investment (FDI) is permitted in LLPs in India
  • FDI is allowed under the automatic route in sectors where 100% FDI is permitted without government approval
  • The LLP must operate in sectors that do not have any FDI-linked performance conditions.
  • FDI in LLPs is regulated under the Foreign Exchange Management Act (FEMA)
  • LLPs receiving FDI must comply with applicable rules, guidelines, and conditions issued by the Reserve Bank of India (RBI)

Automatic Route Eligibility

  • FDI through the automatic route means no prior government approval is required
  • The business activity must be in sectors where FDI is fully allowed without conditional restrictions.s
  • Examples include consulting, IT services, legal advisory, and another professional services.s
  • FDI is not allowed in LLPs operating in sectors requiring industrial licenses or prior approvals
  • The LLP must not be engaged in agriculture, real estate, or print media, which are restricted.d

Conditions and Restrictions

  • LLPs with FDI cannot avail of downstream investment in another LLP or company with sectoral restrictions.
  • LLPs must not participate in equity-linked or performance-based activities.
  • Conversion of a company into an LLP with FDI is permitted only if both operate in a fully permitted sector.s
  • Designated partners must meet Indian residency requirements, even if foreign partners are involved.d
  • The LLP must report FDI transactions to the RBI through Form LLP(I) and Annual Return on Foreign Liabilities and Assets.

Compliance and Reporting

  • LLPs receiving FDI must adhere to reporting timelines and documentation.n
  • Foreign partners must contribute through banking channels in convertible foreign currency.
  • All foreign investments must be fully accounted for and documented under Indian law..
  • The LLP must maintain records of capital contributions, profit distributions, and changes in ownership.ip
  • Non-compliance may lead to penalties under FEMA and RBI regulations Summary of Regulatory Oversight
  • FDI in LLPs is allowed only under strict adherence to the automatic route conditions
  • The policy is jointly monitored by the RBI, MCA, and DPIIT.
  • LLPs are not allowed to raise funds by issuing equity or securities, unlike companies.
  • Foreign partners must be disclosed in incorporation documents and regulatory filings.
  • Overall, FDI is permitted in LLPs with clear sectoral, legal, and operational boundaries.s

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