Mira and Raman are college friends and intend to do trading in musical instruments. They have met Mr. Aka and Ms. Pihu who are non-resident Indians…

As per the provisions of the Limited Liability Partnership Act, 2008, every limited liability partnership must have at least two designated partners, and at least one of them must be a resident in India. Here, 'resident in India' means a person who has stayed in India for a period of not less than 120 days during the financial year. In the given case, Mira, Raman, Mr. Aka and Ms. Pihu have formed Mira Aka LLP. The LLP proposes to appoint only Mr. Aka and Ms. Pihu, as designated partners. In the given case: Mr. Aka is a non-resident Indian but has stayed in India for 135 days during the financial year 2023-24. Therefore, he satisfies the condition of being a resident in India under the Limited Liability Partnership Act, 2008 (LLP Act). Hence, he is eligible to be appointed as a designated partner, who is resident in India. Ms. Pihu, although also a non-resident Indian, has stayed in India for 110 days during the financial year 2023-24. Hence, she does not qualify as a resident in India under the LLP Act. However, she is eligible to be appointed as a designated partner. Since, the LLP was incorporated on 15th October, 2024, it is required to have at least two designated partners, with at least one resident in India., which is being fulfilled by Mr. Aka. Further, Ms. Pihu can also be appointed as the second designated partner. Thereby satisfying the statutory requirements that every LLP must have two designated partners and at least one designated partner must be a resident in India. Hence, the appointment of Mr. Aka and Ms. Pihu as the only designated partners of LLP is legally valid.