Publish: September 3, 2025
Who can form an LLP in India?
Eligible Individuals
- Any person, whether Indian or a foreign national, can become a partner in an LLP.
- The individual must be competent to contract under the Indian Contract Act, 1872.
- A minimum of two partners is required to form an LLP.
- At least one designated partner must be a resident in India.
- Individuals with a valid Digital Signature Certificate (DSC) and Designated Partner Identification Number (DPIN) are eligible.
Eligible Body Corporates
- A company incorporated in India or abroad can act as a partner in an LLP.
- Limited Liability Partnerships themselves can become partners in another LLP.
- Foreign LLPs and foreign companies can also participate, subject to regulatory compliance.
- Registered trusts, societies, and co-operative societies are not eligible to become partners.
- Only recognized legal entities can be admitted as body corporate partners.
Designated Partners Requirement
- Among the partners, at least two must be designated partners at all times.
- Designated partners are responsible for statutory and legal compliance.
- One designated partner must be an Indian resident, as per the Act.
- Both individuals and nominees of body corporates can be designated partners.
- Their consent must be filed with the Registrar through prescribed forms.
Disqualifications and Restrictions
- Individuals declared insolvent or of unsound mind are not eligible.
- Persons convicted of any offence involving moral turpitude within the last five years are disqualified.
- Partners must not be undischarged bankrupts.
- Disqualified directors under the Companies Act may be barred.
- Regulatory approvals are required for foreign nationals and entities.
Role of Foreign Participants
- Foreign nationals or foreign entities can become partners in LLPs under FEMA regulations.
- They must comply with applicable foreign investment guidelines issued by the Reserve Bank of India.
- Non-resident individuals require a valid visa and identification documents.
- Foreign corporations must file additional compliance documents with the MCA.
- Cross-border participation is permitted but subject to sector-specific restrictions.
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