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Will USA formed LLC is valid in India and the protection of LLC
14-Jun-2023 (In Documentation Law)
I am a USA citizen with an LLC registered in the USA. I am signing a licensing agreement for a patent the LLC owns with a company in India. Will India law honor my USA-formed LLC and the protections my LLC provides me against personal liability? I understand that the LLC as an entity will be liable but I want to be sure that the individual members will not be liable, just as they are not liable in USA.
Yes, the Indian legal system will recognize your USA LLC. While in civil cases, you will be protected against personal liability, however, if any criminal complaint is filed against the USA LLC in India, the Courts may lift the corporate veil and hold the whole time directors liable. Assuming the USA LLC does not have any presence in India, there are very few criminal offences which can be filed against it, e.g. financial crimes such as cheating, fraud etc.
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Adv. Ankit Bhasin
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