Mohan and Rakul, both resident in India, along with Mr. John and Ms. Kate (both non-resident Indians), decide to form an LLP, "Mohan John LLP", with…

Provisions: Section 7(1) of the LLP Act, 2008 mandates that every LLP have at least two individual designated partners, and that at least one of them be a person resident in India. "Resident in India", per the Explanation to Section 7 means an individual who has stayed in India for not less than 120 days during the immediately preceding financial year. Analysis: As proposed, neither Mr. John nor Ms. Kate satisfies the resident-in-India test, so appointing them as the LLP's only designated partners would contravene Section 7(1). Conclusion: The correct advice is that Mohan John LLP must appoint at least one of Mohan or Rakul (both resident in India) as a designated partner, alongside either Mr. John or Ms. Kate . Mr. John and Ms. Kate cannot together be the LLP's sole designated partners.