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Legal Entity Identifier Code in India

The Legal Entity Identifier (LEI) Code is a unique identification number used to recognize and identify legal entities involved in financial transactions globally. It is important for companies, organizations, and other entities engaged in financial markets. The LEI code helps to ensure transparency and reduce the risk of fraud or confusion by providing a standardized way of identifying entities in the financial world. Let’s break it down into simple terms.

Introduction

The LEI Code is like an ID number for a company or organization. It is made up of 20 alphanumeric characters (letters and numbers) and is assigned to entities such as businesses, non-profits, government organizations, or any other type of organization that is involved in financial activities. This code helps to distinguish one entity from another in the global financial market.

Why is the LEI Code Important?

What is the Legal Entity Identifier (LEI) Code?
  • Global Standardization: It ensures that organizations around the world can be identified using the same system. This reduces confusion and mistakes when identifying entities in financial transactions.
  • Transparency: The LEI system helps make financial transactions more transparent. When organizations are registered with an LEI, it is easier to track their financial activities and ensure that everything is in order.
  • Compliance: Many regulatory bodies across the world require companies to have an LEI in order to participate in certain financial activities. For example, if a company is involved in trading securities or derivatives, having an LEI is necessary to comply with regulations.
  • Reduced Risk: The LEI Code helps to reduce the risk of fraud or identity theft in financial transactions by making sure that all parties are correctly identified.

How Does the LEI Code Work?

Think of the LEI code as a digital fingerprint for businesses. Just like how a person’s fingerprint is unique, the LEI is a unique code for each business or entity. The LEI system connects a business's identity with its financial transactions, making it easier to trace their activities.

When you register for an LEI, your business information, such as its legal name, address, country of incorporation, and other key details, is stored in a central database. This database is publicly accessible, so anyone can look up the LEI and get information about the entity.

Who Needs an LEI Code?

The LEI code is required by companies that are involved in certain financial activities, especially those that deal with trading, derivatives, or financial markets. Here’s a breakdown of entities that may need an LEI:

  • Banks and Financial Institutions: Any financial institution, such as a bank, investment firm, or insurance company, will need an LEI for regulatory purposes.
  • Corporations Involved in International Trade: Any large business that engages in international financial transactions may need an LEI to comply with global financial regulations.
  • Trading and Investment Firms: Businesses that engage in buying and selling securities, stocks, or other financial assets in the market are required to have an LEI.
  • Non-profit Organizations: Some non-profit organizations that are involved in financial activities might also need an LEI.

How to Obtain an LEI Code?

Getting an LEI Code is a simple process that typically involves the following steps:

  • Find an LEI Issuer: LEIs are issued by organizations called “Local Operating Units” (LOUs). These are authorized bodies that are responsible for registering and renewing LEIs.
  • Provide Required Information: You will need to provide details about your company or entity, such as the legal name, registration number, and country of incorporation.
  • Payment: There is a fee involved in obtaining an LEI. This fee is usually paid once per year, as the LEI must be renewed annually.
  • Issuance of the LEI Code: After your application is processed, you will be issued an LEI code, which will be used to identify your organization in all relevant financial transactions.

How Long Does an LEI Code Last?

The LEI code is valid for one year from the date of issuance. After one year, you will need to renew it to keep it active. The renewal process is simple and involves updating your entity’s details and paying the renewal fee.

Benefits of Having an LEI Code

  • Compliance with Regulations: Having an LEI helps your business comply with international regulations. Many regulatory bodies across the globe require businesses to have an LEI to participate in financial markets.
  • Better Reputation: By having an LEI, businesses show that they are transparent and can be trusted in financial dealings. This can improve your business's reputation in the global market.
  • Easier Identification in Transactions: The LEI code makes it easier for other businesses or financial institutions to identify your company, streamlining the process of making transactions, trading, or entering into contracts.
  • Access to Global Markets: If your company trades internationally, an LEI can help you access financial markets around the world and comply with international rules and standards.
  • Improved Risk Management: The LEI system helps companies monitor and manage risks better, as it makes it easier to track financial dealings and ensure they are legitimate.
  • Simplified Cross-Border Transactions: For companies involved in international trade or cross-border financial transactions, an LEI provides a standardized identification method. This simplifies the process of verifying entities across different countries and ensures smoother transactions, as financial institutions around the world recognize the LEI code.
  • Faster Processing of Financial Transactions: Financial transactions, particularly in global markets, require swift processing. The LEI ensures that businesses are quickly identified, reducing delays in transaction approval or verification. This is particularly important in time-sensitive markets, such as trading or foreign exchange.
  • Enhanced Data Integrity: Using an LEI ensures that the data linked to a company’s transactions is accurate and reliable. Financial systems, banks, and regulatory bodies can instantly verify that the entity behind a transaction is genuine, which helps prevent fraudulent activities and mistakes.
  • Global Standardization: The LEI system is part of a global initiative to create a universal system for identifying businesses. This means that whether a company is in India, the U.S., or Europe, its LEI code will be the same, simplifying processes for multinational corporations and global financial institutions.
  • Easier Access to Financing: Many investors and financial institutions require an LEI when businesses apply for financing, such as loans or credit. The LEI helps lenders verify the business’s legitimacy and identity quickly, thus speeding up the loan approval process and ensuring access to capital.
  • Regulatory Compliance: Many jurisdictions around the world have regulations that require companies to have an LEI for certain activities. For example, under the European Market Infrastructure Regulation (EMIR) and the Dodd-Frank Act in the U.S., businesses trading in derivatives or over-the-counter (OTC) financial products are required to have an LEI. By having one, businesses ensure they remain compliant with these rules.
  • Easy Reporting to Regulators: With the LEI code, companies can easily report to regulatory bodies such as the Securities and Exchange Commission (SEC), European Securities and Markets Authority (ESMA), or any local financial regulators. This streamlined reporting system helps entities comply with legal requirements while also ensuring that regulators have accurate and consistent data about each entity.

Who Can Register for an LEI Code?

Although the LEI is primarily designed for businesses involved in financial markets, other types of legal entities can also apply for it. These may include:

Public and Private Companies: All types of business entities, whether large corporations, small enterprises, or start-ups, may need an LEI if they are involved in financial transactions.

Partnerships and Trusts: These entities often engage in investments or trading and may need an LEI to ensure they comply with regulations.

Non-Profit Organizations: If a non-profit organization is involved in certain financial transactions (like bonds, loans, or trading), it may also be required to have an LEI.

Investment Funds and Mutual Funds: Investment funds and asset managers often use LEIs for clearer reporting and regulatory compliance.

What Happens if You Don’t Have an LEI?

While not every business needs an LEI, those involved in regulated financial markets or engaging in specific transactions will likely face serious challenges without one:

  • Inability to Trade in Certain Markets: If a business does not have an LEI, it may be restricted from participating in specific markets that require this identification, such as securities or derivatives markets. This can limit a company’s ability to engage in international trading or raise capital.
  • Regulatory Penalties: Businesses that are required to have an LEI but fail to obtain one may face penalties or fines from regulatory authorities. In some cases, the company’s transactions may even be blocked until an LEI is obtained.
  • Loss of Trust: Many investors and financial institutions expect businesses to have an LEI. If a business lacks one, it may be viewed as less credible, which could lead to challenges in securing financing or establishing partnerships.
  • Delay in Transactions: Financial transactions may be delayed or rejected if an LEI is missing. This can disrupt business operations, especially in fast-paced financial environments.

How Long Does It Take to Get an LEI?

The LEI registration process typically doesn’t take long. Once all the required documentation is submitted and the registration fee is paid, most LEI issuers process the application within a few days to a week. After that, the LEI is usually issued within a day or two.

LEI Renewal Process

As mentioned earlier, the LEI is valid for one year. To maintain the validity of the LEI and continue conducting financial transactions without issues, businesses must renew their LEI every year. The renewal process involves updating any changes in the company’s information and paying a renewal fee.

LEI for Startups and SMEs

For start-ups and small to medium enterprises (SMEs) involved in financial transactions or planning to engage in international trade, obtaining an LEI may seem like an unnecessary expense. However, it can significantly enhance their credibility and visibility in the global marketplace. An LEI code can also help small businesses expand by providing access to a wider range of financing options and international trading platforms.

Conclusion

In the global financial market, transparency and accountability are essential for building trust and ensuring smooth transactions. The Legal Entity Identifier (LEI) serves as a unique, standardized identifier for businesses, helping to identify them in financial markets and ensuring compliance with regulatory requirements. Whether you're a large multinational corporation, a small business, or a non-profit, obtaining an LEI code can open doors to better business opportunities, reduce risks, and ensure compliance with financial regulations. The process of obtaining and renewing an LEI is straightforward, and it provides significant long-term benefits for any company engaged in financial markets or cross-border transactions.

Proprietorship vs Limited Liability Partnership (LLP) vs Company

Features Proprietorship Partnership LLP Company
Definition A sole proprietorship is an unregistered business entity managed by a single individual. A legal contract between multiple parties to jointly manage and run a business operation. A business type that combines aspects of a partnership and the limited liability of a corporation. A registered business where owners and shareholders have limited liability.
Ownership
  • Single individual
  • Min 2 Partners
  • Max 50 Partners
  • Designated Partners: Min 2(No upper limit)
  • Min: 1 shareholder (for a private company), 7 shareholders (for a public company)
  • Max: 200 shareholders (for a private company), no upper limit (for a public company)

For One Person Company
  • Minimum: 1 individual
  • Maximum: 1 individual
Registration Time 7-10 working days
Promoter Liability Unlimited Liability Limited Liability
Documentation
  • Partnership Deed
  • PAN card of the partnership firm
  • LLP Agreement
  • Incorporation Certificate
  • PAN card of the LLP
  • MOA
  • AOA
  • Certificate of incorporation
  • PAN card of the company
Governance No specific governing law Governed by the terms outlined in the partnership deed Governed by the LLP agreement Governed by a formal structure including a Board of Directors
Transferability Business cannot be transferred Ownership transfer requires the consent of all partners as outlined in the partnership deed. Transferable Easily Transferable for public companies. In private companies, there might be some restrictions.
Compliance Requirements
  • Income tax filing if the turnover exceeds Rs. 2.5 lakhs.
  • Must file ITR 5
  • Must file ITR 5
  • File Form 11
  • Form 8
  • MCA filing
  • Auditor's appointment
  • File ITR 6

Legal Entity Identifier Code FAQ's

What is an LEI Code?

An LEI code is a unique 20-character identifier that helps to clearly identify legal entities, such as businesses, in financial transactions globally. It ensures transparency and helps in tracking business activities.

Who Needs an LEI Code?

Any business involved in financial transactions, such as trading securities, derivatives, or bonds, or engaging in cross-border transactions, will likely need an LEI code.

How Do I Apply for an LEI Code?

You can apply for an LEI code through https://filinglounge.com. The process involves providing basic company details and paying a small registration fee.

What Documents Do I Need to Register for an LEI Code?

To register for an LEI, you'll need your company's registration or incorporation certificate, proof of address, and identification details of the company’s authorized person.

How Much Does It Cost to Register for an LEI?

The cost of registering for an LEI varies but is generally a small annual fee that includes both registration and renewal costs. The fee can range from $50 to $150 per year, depending on the issuer.

How Long is the LEI Code Valid?

An LEI code is valid for one year. You need to renew it annually to keep it active and continue your financial transactions smoothly.

Can I Transfer My LEI Code to Another Issuer?

Yes, you can transfer your LEI code from one authorized issuer to another. However, this requires proper documentation and should be done before your current LEI expires.

What Happens If I Don’t Have an LEI Code?

If your business is involved in regulated financial markets and does not have an LEI, you may be restricted from trading, face penalties, or be excluded from certain financial activities.

How Can I Update My LEI Information?

You can update your LEI information by https://filinglounge.com. This could include a change in business address, company name, or authorized person.

Is the LEI Code Mandatory?

While not every business needs an LEI code, many jurisdictions and financial markets require it for certain transactions, especially in securities, derivatives, and other regulated financial products.

How Do I Renew My LEI Code?

To renew your LEI, you need to submit an update if there are any changes in your business details and pay the renewal fee. It's important to renew it before it expires to avoid any disruptions.

Can a Small Business Get an LEI?

Yes, small businesses or even start-ups involved in international trade or financial transactions can and should obtain an LEI to ensure compliance and gain access to global financial markets.

How Quickly Can I Get My LEI Code?

Once you apply, the process typically takes a few days to a week to complete. After that, you’ll receive your LEI code. If additional documentation is required, it may take a little longer.

Is the LEI Code Accepted Worldwide?

Yes, the LEI code is recognized globally, which is one of its main benefits. It can be used in financial markets and transactions anywhere in the world, ensuring consistency and reducing confusion.

Can I Use an LEI Code for Non-Financial Transactions?

No, the LEI code is specifically for identifying entities involved in financial transactions, such as trading, investments, or regulatory reporting. It is not used for non-financial activities like general business operations.

Related Business Registrations

In addition to registration or incorporation, a business may require other registrations depending on the business activity undertaken. Talk to an Advisor to find out registrations your business may require post registration.

MCA Compliance

Each registered entity is required to meet its compliance duties at the close of each financial year. This generally includes auditing financial statements, filing income tax returns, and submitting annual forms to the Ministry of Corporate Affairs (MCA).

Compliance For Form Due date Penalty
Commencement of Business Intimation to Registrar for Commencement of Business Within 180 days from incorporation INR 50,000 on company and INR 1,000 per day on directors for each day of default
Annual KYC of Directors DIR 3 E-KYC 30th September of every year INR 5,000 for late filing
Appointment of Auditor Form ADT 1 Within 15 days of the AGM INR 300 per day (max INR 12,000)
Financial Statements Form AOC 4 Within 30 days from the AGM INR 100 per day of default
Annual Return Form MGT 7 Within 60 days from the AGM INR 100 per day of default

All Limited Liability Partnerships (LLP) in India must file annual returns with the Ministry of Corporate Affairs (MCA). FilingLounge provides affordable services to help you keep your LLP compliant.

LLP Compliance Form Due date Penalty
Annual KYC of Directors DIR 3 KYC 30th September of every year INR 5,000 for late filing
Annual Return Form 11 May 30th every year INR 100 per day of default
Statements of Accounts and Solvency Form 8 30th October every year INR 100 per day of default (minimum penalty INR 10,000)

In addition to the filings listed above, there may be other compliance requirements relevant to LLPs. To ensure all compliance needs of your LLP are met, please seek assistance from a Filinglounge Advisor.

Entity Compliance Form Due date
Private Limited Company Annual Return MGT-7 Within 60 days from the conclusion of the AGM
Financial Statements AOC-4 Within 30 days from the conclusion of the AGM
DIR-3 KYC DIR-3 KYC 30th September every year
Return of Deposits DPT-3 30th June every year
Appointment of Auditor ADT-1 Within 15 days from the conclusion of the AGM
Income Tax Return (Non-audit case) ITR-6 31st July every year
Income Tax Return (Audit case) ITR-6 30th September every year
Annual GST Return GSTR-9 31st December of the subsequent financial year
MSME Form Form 1 (MCA) half-yearly return by 31st October (April to September), & 30th April for the period October to March every year
Limited Liability Partnership Income Tax Return (Non-audit case) ITR 5 31st July every year
Income Tax Return (Audit case) ITR 5 30th September every year
Annual Return Form 11 30th May every year
Financial Statements Form-8 30th October every year

Note : There might be extra filings needed depending on your business type and activities. Talk to a FilingLounge advisor to get the right guidance for your company's compliance.