India LLP Agreement
Also known as: LLC Operating Agreement · Shareholders' Agreement · Partnership Deed
Generate a llp agreement tailored to India law. Our AI incorporates India-specific statutory requirements, disclosure obligations, and legal standards into every clause.
LLP Agreement
Also called: LLC Operating Agreement, Shareholders' Agreement
Legal Requirements
India Legal Requirements
Key India statutes and obligations that apply to your llp agreement.
India does not have an LLC structure — the equivalents are Private Limited Companies (Pvt Ltd) under the Companies Act 2013 and Limited Liability Partnerships (LLPs) under the LLP Act 2008
Private Limited Companies: incorporated with the Registrar of Companies (ROC) under MCA21 portal
LLP: incorporated under the Limited Liability Partnership Act 2008; annual filings (Form 11 and Form 8) required with the MCA
LLP Agreement governs partner rights, profit sharing, and governance — the equivalent of an LLC operating agreement
Minimum 2 partners for LLP (no maximum); minimum 2 directors and 2 shareholders for Pvt Ltd
Digital Signature Certificates (DSC) and Director Identification Numbers (DIN) required for company/LLP formation
Restrictions & Key Considerations
FDI restrictions: certain sectors are restricted or prohibited for foreign ownership in Indian companies
Pvt Ltd companies cannot invite the public to subscribe to shares
LLPs with turnover above ₹40 lakh must have their accounts audited by a Chartered Accountant
Annual compliance: Pvt Ltd must file MGT-7 (annual return), AOC-4 (financial statements) with MCA annually
FAQ
India LLP Agreement FAQ
Common questions about the llp agreement under India law.
What is the Indian equivalent of an LLC?
India offers two primary alternatives: a Private Limited Company (Pvt Ltd) under the Companies Act 2013, which provides limited liability for shareholders, or a Limited Liability Partnership (LLP) under the LLP Act 2008, which combines partnership flexibility with limited liability. LLPs are often preferred for smaller businesses due to lower compliance costs.
What is an LLP Agreement in India?
An LLP Agreement is the constitutional document of a Limited Liability Partnership that governs the rights, duties, profit-sharing ratio, and management of the LLP. It must be executed on stamp paper and filed with the MCA within 30 days of LLP incorporation. If no agreement is filed, the default rules of Schedule I of the LLP Act apply.
How is a Private Limited Company taxed in India?
Indian Pvt Ltd companies pay corporate tax at 22% (base rate) under the new optional tax regime (Section 115BAA), or 25% for companies with turnover below ₹400 crore. Start-ups eligible under Section 80-IAC may receive a 3-year tax holiday. Add surcharge and cess for the effective rate.
Can a foreigner own a company in India?
Yes, subject to FDI policy. Most sectors allow 100% foreign ownership under the automatic route (no prior government approval). Some sectors (e.g., defence, retail trading, insurance) have caps or require government approval. A company with any foreign shareholding is classified as a Foreign Owned or Controlled Company (FOCC) with additional compliance requirements.
Ready to Create Your India LLP Agreement?
Our AI generates a India-compliant llp agreement in minutes — incorporating the statutory requirements above into every clause.
LLC Operating Agreement by Country
Laws vary significantly by country. Find the right form for your jurisdiction.
Disclaimer: LegalLawDocs.com provides self-help legal documents for informational purposes only. The documents and information on this site do not constitute legal advice and are not a substitute for consultation with a licensed attorney. Laws vary by state and change frequently — review your document with a qualified professional before relying on it.