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Union of India - Section

Section 43 in The Limited Liability Partnership Act, 2008

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.
(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.