NRI DPIN problem. Already got DSC

We are in the process of forming an LLP. We are 4 people, 2 resident in India and 2 in USA (Indian Citizens). We all have our DSC and applied for our respective DPIN.

The two members resident in India got their DPIN without any problem. But for the two of us who applied from USA, the DPIN status says "Held in abeyance" and the explanation given is "Since applicant is NRI, As per instruction of RBI, NRI cannot obtain DPIN or invest in INDIA in LLP till the time FDI norms are prescribed by Govt."

The llp site (llp.gov.in) and the form-7 mentions that anyone (including foreign nationals which we are not) can receive a DPIN. I haven't called the LLP helpline yet clarify it, but thought would ask the experts/experienced members of CAClubindia for their gudance.

Any information will be appreciated.

Replies (6)

Hello!

Thats a practical problem in case of forming a LLP. Since applicant is NRI, As per instruction of RBI, NRI cannot obtain DPIN or invest in INDIA in LLP till the time FDI norms are prescribed by Govt.

U can make them as partner nt as designated partner as the reason give by them is appropriate.

 

Regards

Nidhi

Nidhi has rightly said,

Since the FDI policy for LLP has not been formulated by the Govt which is under consideration and may be come out very soon, the Registrar of LLP are not approving the DPIN for the Foreigner/Non Resident.

Regards

CS Ashwini Kumar

Thank you Nidhi and Ashwini kumar for so promptly replying to my query. It definitely helps :)

It would have been great if this information was available on the llp.gov.in site. Thanks once again for the response.
 

Nidhi, You mention that an NRI cannot be a designated partner, but can become a partner. A partner has to show monetary contribution, but currently an NRI cannot invest in LLP as per the explanation. This has left me a little confused.


Nidhi/Ashwini kumar or anyone having knowledge please clarify. Thanks in advance.

Dear Mr. Kumar,

I think NRI (i.e. Non Resident Indian) may become partner (or even designated parter if there is atleast one resident designated parter) provided the capital contribution has been given out of his/her local rupees account (i.e. out of indian source and NOT from the foreign source) and he has given a declaration to the Registrar of LLP for the same.

Best Regards

CS Ashwini Kumar

Thank you Ashwini Kumar.

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