LLP Winding up - NRI DP

Yes, an NRI Designated Partner (DP) of an LLP can still execute the affidavit and indemnity bond for LLP strike-off from abroad, including from Australia, under certain conditions.

Here’s a clear breakdown of the process and legal provisions that apply:

✅ Situation Summary:

• LLP is inactive and wants to apply for strike off under Rule 37(1)(b) of LLP Rules, 2009.

• One DP is in India.

• Another DP is in Australia (NRI, still Indian citizen), unable to travel to India for 2 years.

• Affidavit and indemnity bond are required as per LLP strike-off rules.

✅ Legal Basis & Practical Solution:

🔹 1. Affidavit & Indemnity Bond from Abroad:

Yes, the NRI DP can execute the documents from Australia, following this route:

Option A: Notarization + Apostille (Preferred if Australia is a Hague Convention country)

• Australia is a signatory to the Hague Apostille Convention.

• So, the affidavit and indemnity bond can be:

  1. Notarized by a Notary Public in Australia.

  2. Apostilled by the Department of Foreign Affairs and Trade (DFAT) in Australia.

This makes the document valid in India without the need for consular attestation.

✅ Key Point: Apostilled documents are accepted in India as per the Hague Convention (1961).

Option B: Consular Attestation (Alternative route)

• Alternatively, the NRI DP can get the documents:

  1. Notarized locally in Australia, and then

  2. Attested by the Indian Embassy/Consulate in Australia.

This is also valid in India, though Apostille is simpler for Hague Convention countries like Australia.

📄 Documents to be prepared:

• Affidavit as required under LLP Form 24 (format per LLP Rules).

• Indemnity Bond on appropriate stamp paper (if possible, or equivalent declaration in AU).

• Attach copy of passport and address proof of NRI DP.

✅ Filing with MCA:

• These apostilled/attested documents can be scanned and submitted while filing LLP Form 24 online.

• Originals should be preserved for any possible verification.

⚠️ Important Tips:

• Ensure exact format of affidavit and indemnity bond as per LLP strike-off procedure.

• Mention the DP’s current overseas address in the affidavit.

• Apostille/attestation must be done after execution, not before.

• Attach proof of inactivity (e.g., nil turnover, no bank transactions, etc.).

✅ Summary Answer:

Yes, the NRI DP can execute the affidavit and indemnity bond in Australia, by:

• Getting it notarized and apostilled (preferred), or

• Getting it notarized and attested by the Indian Consulate.

This is fully valid in India for LLP strike-off purposes under Rule 37(1)(b) of the LLP Rules.