There are certain circumstances under which investigation into the affairs of a limited liability partnership is conducted under the Limited Liability Partnership Act, 2008.

CS Executive · Company Law · PYQS · June 2016
There are certain circumstances under which investigation into the affairs of a limited liability partnership is conducted under the Limited Liability Partnership Act, 2008.

Answer & Explanation:

The statement is correct. The Limited Liability Partnership Act, 2008, provides specific circumstances under which the Central Government can order an investigation into the affairs of an LLP. Provisions of the Limited Liability Partnership Act, 2008: As per Section 43 of the Limited Liability Partnership Act, 2008, the Central Government may appoint one or more competent persons as inspectors to investigate the affairs of a limited liability partnership (LLP) and to report on them in such manner as it may direct. The circumstances under which such an investigation may be conducted are as follows: Application by Partners: If not less than one-fifth of the total number of partners of the LLP make an application, along with supporting evidence and the prescribed security amount. Application by LLP Itself: If the LLP itself makes an application stating that its affairs ought to be investigated. Central Government's Opinion: If, in the opinion of the Central Government, there are circumstances suggesting any of the following: Fraudulent or Unlawful Conduct: That the business of the LLP 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 LLP was formed for any fraudulent or unlawful purpose. Non-Compliance with Act: That the affairs of the LLP are not being conducted in accordance with the provisions of the LLP Act, 2008. Report from Regulatory Agency: That, on receipt of a report from the Registrar or any other investigating or regulatory agency, there are sufficient reasons to believe that the affairs of the LLP ought to be investigated. Conclusion: These provisions ensure that the affairs of an LLP can be scrutinized under specific conditions to protect the interests of partners, creditors, and the public, and to ensure compliance with the law.

Topics: Limited Liability Partnership (LLP)

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