Chapter VII - Financial Disclosures
Section 38
Section 38: Registrar's power to obtain LLP information
The Registrar may require information needed to carry out the Act and may summon a person if the response is missing or unsatisfactory.
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Need advice on Section 38?
This article is for general information. Refer to the Limited Liability Partnership Act, 2008 official text for the official provisions. If you need professional advice for your situation, contact Bizeneed.
Statutory text
Bare law
(1) In order to obtain such information as the Registrar may consider necessary for the purposes of carrying out the provisions of this Act, the Registrar may require any person including any present or former partner or designated partner or employee of a limited liability partnership to answer any question or make any declaration or supply any details or particulars in writing to him within a reasonable period.
(2) In case any person referred to in sub-section (1) does not answer such question or make such declaration or supply such details or particulars asked for by the Registrar within a reasonable time or time given by the Registrar or when the Registrar is not satisfied with the reply or declaration or details or particulars provided by such person, the Registrar shall have power to summon that person to appear before him or an inspector or any other public officer whom the Registrar may designate, to answer any such question or make such declaration or supply such details, as the case may be.
(3) Any person who, without lawful excuse, fails to comply with any summons or requisition of the Registrar under this section shall be punishable with fine which shall not be less than two thousand rupees but which may extend to twenty-five thousand rupees.
Introduction
Section 38 covers requests to any person, expressly including current and former LLP participants. It provides a written-request stage, a possible summons, and a fine for noncompliance without lawful excuse. The Act does not fix a universal response period here; reasonableness and any period given by the Registrar matter.
Key takeaways
Broad addressees
A present or former partner, designated partner or employee can be asked for information, as can any other person.
Summons power
A missing or unsatisfactory response can lead to a summons to appear before the specified official.
Fine for unjustified noncompliance
Without lawful excuse, noncompliance with a summons or requisition can attract a fine from ₹2,000 to ₹25,000.
Record the requisition
Identify the questions, requested particulars, recipient and response period in the Registrar's communication. Preserve a copy and the delivery date.
Prepare a supported response
Collect relevant LLP records, distinguish firsthand knowledge from assumptions, and answer within the reasonable or specified period. If the scope is unclear, seek clarification promptly.
Handle a summons
If summoned, confirm the place, date and designated official; prepare documents and a truthful explanation. Record any lawful excuse affecting compliance and communicate it promptly.
Practical preparation
On receiving a Section 38 request:
- Log receipt and deadline.
- Identify responsible record holders, including former participants where relevant.
- Submit a supported response and keep proof.
- Address any summons or lawful excuse promptly.
Practical checklist
Do
- Keep the request, response, delivery proof and supporting records together.
- Answer only from verified knowledge and documents.
Avoid
- Do not ignore a request because the recipient has left the LLP.
- Do not assume an incomplete response prevents the Registrar from issuing a summons.
Illustrative example
Hypothetical: former partner receives a request
The Registrar asks former partner Arjun for particulars about an LLP filing made while he served. Arjun's first response leaves a key question unanswered.
Review request
Check the exact question and period allowed.
Complete records
Locate records within Arjun's knowledge and send an accurate supplement.
Respond to summons
If summoned because the Registrar is unsatisfied, attend or raise any lawful excuse through the proper channel.
Outcome
- Former status alone does not remove a person from Section 38. The fine provision turns on failure to comply without lawful excuse.
Glossary
- Requisition
- A Registrar's requirement to provide an answer, declaration, details or particulars under Section 38.
- Summons
- A direction to appear before the Registrar or the officer designated under subsection (2).
Frequently asked questions
Can a former partner be asked for information?
Yes. Section 38(1) expressly includes former partners among people who may be required to provide information.
What if the Registrar is dissatisfied with a response?
Section 38(2) permits the Registrar to summon the person to answer or supply the requested details.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026