Limited Liability Partnership Act, 2008
Section 43 - Investigation of the affairs of limited liability partnership
1. The Central Government shall appoint one or more competent persons as inspectors to investigate the affairs of a limited liability partnership and to report thereon in such manner as it may direct if--
a. the Tribunal, either suo motu, or on an application received from not less than one-fifth of the total number of partners of limited liability partnership, by order, declares that the affairs of the limited liability partnership ought to be investigated; or
b. any Court, by order, declares that the affairs of a limited liability partnership ought to be investigated.
1.
2. The Central Government may appoint one or more competent persons as inspectors to investigate the affairs of a limited liability partnership and to report on them in such manner as it may direct.
3. The appointment of inspectors pursuant to sub-section (2) may be made,--
a. if not less than one-fifth of the total number of partners of the limited liability partnership make an application along with supporting evidence and security amount as may be prescribed; or
b. if the limited liability partnership makes an application that the affairs of the limited liability partnership ought to be investigated; or
c. if, in the opinion of the Central Government, there are circumstances suggesting--
i. that the business of the limited liability partnership is being or has been conducted with an intent to defraud its creditors, partners or any other person, or otherwise for a fraudulent or unlawful purpose, or in a manner oppressive or unfairly prejudicial to some or any of its partners, or that the limited liability partnership was formed for any fraudulent or unlawful purpose; or
ii. that the affairs of the limited liability partnership are not being conducted in accordance with the provisions of this Act; or
iii. that, on receipt of a report of the Registrar or any other investigating or regulatory agency, there are sufficient reasons that the affairs of the limited liability partnership ought to be investigated.
Back
