Any Foreign LLP which wants to establish its place of business in India, has to file Form 27 for the Registration of particulars of Foreign Limited Liability Partnership (FLLP) with the concerned authority. The eForm has to be digitally signed by an authorized representative of the FLLP.
There is no mandatory requirement to apply and obtain DPIN or DIN for Designated Partners of FLLP but the DSC of the authorized representative is mandatory.
LLP is a hybrid between a corporate and partnership structure as it encircles elements of both. Any corporate business which takes entrepreneurial initiative to combine and operate in a flexible, innovative and efficient manner and provides benefits of limited liability while allowing its members the flexibility for organizing their internal structure as a partnership, the entity has to get registered under the Limited Liability Act, 2008.
For the foreign investment in an LLP in India, it is required to obtain the prior approval of Foreign Investment Promotion Board.
Every foreign LLP/ Company shall, within thirty days of the establishment of its place of business in India, deliver to the Registrar for registration--
a certified copy of the charter, statutes or memorandum and articles, of the company or other instrument constituting or defining the constitution of the company and, if the instrument is not in the English language, a certified translation thereof in the English language;
the full address of the registered or principal office of the company;
a list of the directors and secretary of the company containing such particulars as may be prescribed;
the name and address or the names and addresses of one or more persons resident in India authorised to accept on behalf of the company service of process and any notices or other documents required to be served on the company;
the full address of the office of the company in India which is deemed to be its principal place of business in India;
particulars of opening and closing of a place of business in India on earlier occasion or occasions;
declaration that none of the directors of the company or the authorised representative in India has ever been convicted or debarred from formation of companies and management in India or abroad; and
any other information as may be prescribed.
Every foreign company existing at the commencement of this Act shall, if it has not delivered to the Registrar before such commencement, the documents and particulars specified in sub-section (1) of section 592 of the Companies Act, 1956 (1 of 1956), continue to be subject to the obligation to deliver those documents and particulars in accordance with that Act.
Where any alteration is made or occurs in the documents delivered to the Registrar under this section, the foreign company shall, within thirty days of such alteration, deliver to the Registrar for registration, a return containing the particulars of the alteration in the prescribed form.