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Non resident partner of LLP

MCA / ROC Filings 614 views 3 replies

I have to register one LLP having non resident as a partner what is the procedure to get subscriber sheet be signed. He is in US. McA has rejected the registration of LLP 

Replies (3)
Quick Summary
For LLP incorporation with a US-based non-resident partner, the subscriber sheet and supporting documents must be notarized and apostilled in the US before MCA filing. Proper signing sequence, apostille compliance, and couriering original documents to India are essential to avoid MCA rejection.

To resolve the MCA rejection for an LLP with a US-based partner, the subscriber sheet must be notarized and apostilled in the US before being uploaded to the MCA portal. Apostille is the standard requirement for US-based documents under the Hague Convention.

What is the format. Please do share one

https://docs.google.com/spreadsheets/d/14yhryHIWojw05LudLHTpfU_Gp-gVpightGXHBrv5nrQ/edit?usp=sharing

Notary & Apostille Instructions

To ensure the MCA does not reject the document again, follow this specific sequence:

  1. Print on Plain Paper: In many US states, subscriber sheets are printed on standard legal/letter-sized paper.

  2. Signing: The partner and the witness must sign in the presence of a Notary Public.

  3. Notarial Certificate: The Notary must attach a certificate stating that the identity of the subscriber has been verified and the document was signed in their presence.

  4. Apostille: Take the notarized document to the Secretary of State's office (in the state where it was notarized) to get the Apostille sticker/stamp.

  5. Physical Dispatch: The original apostilled document must be couriered to India for scanning and filing with the FiLLiP form.


Key Compliance Notes

  • ID Proofs: Along with this sheet, ensure the partner's Passport and Address Proof (e.g., Bank Statement/Utility Bill not older than 2 months) are also notarized and apostilled.

  • PAN Requirement: If the non-resident does not have an Indian PAN, the Passport is the primary identification document for the DSC and LLP incorporation.

The subscriber sheet must be in the standard tabular format listing the partner's details and contribution. For a US-based partner, the document is only valid for MCA purposes once it has been notarized and apostilled in the United States. Ensure all signatures (subscriber and witness) are captured physically before the notarization process.


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