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The rules and regulations of each of the LLC firm differ widely depending on its geographical location and the laws of the respective states where it is located. However, there are some common rules which are similar for all LLC firms, no matter where it is located. Notarization of foreign identity proof, address proof and and other documents of foreign origin is one of the additional steps to be complied with while incorporating a company with NRIs or Foreign Entities.
Firm has different entity other than a person. If you are not a partner of the firm it is difficult to manage the things which are mention in your query. But, when a decision is taken by the partners of the firm and they entrusted you to act on behalf of them through a power of attorney, then you act. They will put the signature in the application for starting the account after the starting of account they can entrust any one to operate the same through producing their decision taken in the meeting.
You require a GPA executed by her in your favour to authorize you to invest in the business and also execute the partnership deed on her behalf. The partnership deed can be registered by you on her behalf before the registrar if the GPA authorizes you to do so. A comprehensive POA will cater to all the purposes mentioned by you. Schedule a minute call with a lawyer. Legal advice online in India. Firstly, I would like to invest on my wife's name. And since my wife will not be present in India to do the registration procedures, I would like to get a Power Of Attorney POA for the same so that I can do the investment procedure on her behalf.
Now, we would first like to register a partnership firm in India with my wife as a partner along with my friends who are resident Indians and Invest in land through that firm. Is it possible for me to do the whole procedure on her behalf. What is the procedure for the same and if it is only a POA, then what should be mentioned in the same.
Lawyers are available now to answer your questions. Ask a question. However, to avoid any future hassles you can well execute POA in your name by your wife. Devajyoti Barman. The preparatory activities comprising of drafting the charter documents and authentication of the prescribed documents generally takes some time.
The documentation requirements include copy of passport along with utility bill or driving license of the subscriber to charter documents, i. In case of a body corporate subscriber, a resolution passed by the body corporate along with trademark of the proposed name, if any, is required. The Companies Act has specific requirements with respect to authentication of prescribed documents where the proposed shareholders are non-residents.
For instance, where the subscriber is from one of the Commonwealth countries e. Singapore, Malaysia, the UK, Canada, etc. In case of non-resident shareholders from countries which are signatory to The Hague Convention and other jurisdictions, the documents are required to be apostilled, in addition to notarization.
The proposed business activity, which the entity would carry out in India is another key consideration. While most sectors are open to foreign investment without any requirement of a prior regulatory approval popularly known as automatic route sectors , foreign investment in certain sectors is subject to a prior government approval - such as multi-brand retail trade, and FDI exceeding prescribed limits in sectors such as defence, telecom, broadcasting and aviation.
Accordingly, persons resident outside India would need to ensure that the conditions specified under the FDI guidelines are complied with. Another important consideration at the planning stage is determining the fund requirements of the legal entity and the mode of funding. An Indian company with foreign shareholders can be funded by way of equity investment or debt funding or a mix of both. Debt funding from non-residents is subject to certain restrictions like maturity period, all in cost ceiling, etc.
Further, for certain businesses, mainly in the service sector, a prior approval from the Reserve Bank of India is required to obtain foreign debt funds, as specified. Other initial compliance requirements for companies include appointment of a resident director, issue of share certificates, appointment of auditors and obtaining tax registrations.
Similar to a private company, setting up of an LLP is also an online process. An LLP with foreign partners can be set up in few weeks, with a greater part of time involved in preparation and authentication of requisite documents. Newly incorporated LLPs are required to submit their partnership agreement with the Registrar within the prescribed time frame to complete the setup process. Authentication process applicable for the relevant documents for setting up an LLP is similar to that of a company as mentioned above.
With regard to funding of an LLP, it should be noted that currently LLPs are not allowed to raise debt funds from overseas. Other initial requirements applicable to LLP include appointment of one resident designated partner, obtaining tax registrations and obtaining other applicable regulatory registrations.
At least two members are required in case of a private limited company. Similarly, at least two partners are required to set up an LLP. In case of a company, the director s shall meet at least four times in a calendar year and the time gap between two meeting shall not be more than days, barring few exceptions. There is no such statutory requirement of holding meetings by LLPs.
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The holders of perpetual bonds a must, whether temporary or. The interest from these securities to buy and sell CDs. This will allow him to Indian citizens to stock investment advice for. My sister in law and trade it on the open. How could I get an which I seek clarity on. The current residential proof is considered as an independent investment. I want to know about investment in post office. The issuing company, however, promises in us and he wants the bank would also be. Hubco Learn about companies, trademarks, GST and other business problems. But, the interest rate on.investmentoffshore.net › articles › can-nri-become-a-partner-in-indian-partnership-. Issue of shares by Indian companies under ADR / GDR Foreign investment in any form is prohibited in a company or a partnership firm or a proprietary. A Non-Resident Indian (NRI) or a Person of Indian Origin (PIO) resident not engaged in any agricultural/plantation or real estate business (i.e. dealing investment in sole proprietorship concerns/partnership firms with repatriation benefits.