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Foreign Branch LLP registration in India – complete process, eligibility, required documents, legal compliance, and registration services for foreign companies expanding into India

Foreign Branch LLP Registration in India

Foreign businesses looking to establish a presence in India can set up a Foreign Branch Limited Liability Partnership (LLP) to benefit from limited liability, operational flexibility, and ease of compliance. This guide covers everything you need to know about Foreign Branch LLP registration in India, including types, process, timeline, required documents, exemptions, and more.

Why Register a Foreign Branch LLP in India?

  • Limited Liability Protection– Partners are only liable to the extent of their contributions.

  • Operational Flexibility– No requirement for minimum capital contribution.

  • Tax Efficiency– LLPs benefit from lower tax rates compared to corporations.

  • Ease of Compliance– Lesser regulatory burden compared to other structures.

  • Foreign Investment Allowed– 100% foreign direct investment (FDI) permitted in LLPs under the automatic route in most sectors.

Process for Foreign Branch LLP Registration in India

Step 1: Obtain Digital Signature Certificate (DSC)

All designated partners must obtain a DSC to sign electronic documents.
 

Step 2: Obtain Director Identification Number (DIN)

Partners who wish to act as designated partners must obtain a DIN from the Ministry of Corporate Affairs (MCA).
 

Step 3: Name Reservation

  • Apply for name approval using RUN-LLP (Reserve Unique Name-LLP) on the MCA portal.

  • The name must comply with LLP Naming Guidelines and should be unique.
     

Step 4: Draft LLP Agreement

  • The LLP agreement outlines partners' roles, profit-sharing, and operational structure.

  • Must be executed on stamp paper as per state laws.
     

Step 5: Incorporation Filing

  • File Form FiLLiP (Form for Incorporation of LLP) with the required documents.

  • MCA will verify and approve the incorporation.
     

Step 6: PAN, TAN & Bank Account

  • After incorporation, apply for Permanent Account Number (PAN) and Tax Deduction and Collection Account Number (TAN).

  • Open a corporate bank account in India.

Documents Required for Foreign Branch LLP Registration

Documents required for Foreign Branch LLP registration in India for foreign partners – checklist of legal documents, identity proof, address proof, and compliance forms for setting up LLP branch with foreign investors

For Foreign Partners​

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  • Passport and Visa (Notarized & Apostilled)

  • Address Proof (Utility Bill/Bank Statement, not older than 2 months)

  • Digital Signature Certificate (DSC)

Documents required for Foreign Branch LLP registration for Indian partners – list of PAN card, Aadhaar, address proof, DSC, and incorporation documents needed to register LLP branch outside India

For Indian Partners​

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  • PAN Card Copy

  • Aadhar Card

  • Address Proof

  • Digital Signature Certificate (DSC)

Documents required for Foreign Branch LLP registration in India for foreign entity – certificate of incorporation, board resolution, notarized documents, passport of authorized representative, and compliance checklist for LLP setup

For Foreign Entity (Parent Company)

  • LLP Agreement (Stamp duty varies by state)

  • Parent Company Resolution (if applicable)

  • Registered Office Address Proof (Rent Agreement/Utility Bill & NOC from Owner)

Tax exemptions and benefits for Foreign Branch LLP registration in India – overview of tax reliefs, DTAA advantages, GST benefits, and income tax provisions for foreign LLPs operating in India

Exemptions & Benefits for Foreign LLPs

  • Tax Exemptions: Some sectors offer tax incentives for foreign LLPs.

  • FDI Relaxations: 100% FDI in LLPs is allowed in many sectors.

  • No Minimum Capital Requirement: Unlike private limited companies, LLPs don’t require a minimum capital investment.

Frequently asked questions

Whatsapp us to help you in registering the partnership firm
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