Investigation of the affairs of limited liability partnership
43. (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. |