An LLP is lighter to run than a company and is attractive to professional and service businesses. But foreign investment into an LLP is only permitted in sectors where 100% FDI is allowed on the automatic route and no performance conditions attach — which rules it out more often than people expect.
Whether FDI may enter an LLP at all for your activity — this is the question that decides the structure.
Incorporation, designated partner identification, and an LLP agreement that reflects the commercial deal.
Contribution brought in through banking channels and reported to the RBI as required.
Form 8 and Form 11, income tax return, and audit where the thresholds are crossed.
Consulting, design and services where an LLP suits the profit-share model.
Non-residents investing alongside Indian partners.
Indian LLPs proposing to admit a foreign partner.
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💬 Get my quote →Yes, where the sector permits 100% FDI on the automatic route with no performance conditions. At least one designated partner must be resident in India.
It is lighter to run, but it is available in fewer situations and is less familiar to investors and lenders. Where the sector permits it and the business is a services practice, it can be the better fit; where you expect external investment or an exit, a company usually is.
Not automatically. Audit applies once turnover or partner contribution crosses the prescribed thresholds — unlike a company, which is audited every year regardless of size.
Form 11 (annual return) and Form 8 (statement of account and solvency) with the Registrar, plus an income tax return, and audit where thresholds apply.
A proprietorship is generally not the right route for a non-resident — investment by a non-resident into a proprietary concern is restricted and usually only on a non-repatriation basis. A company or LLP is normally the appropriate structure.
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