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Chapter IX - Investigation

Section 44

Section 44: application by partners for investigation

Partners applying under section 43(1)(a) must supply evidence required by the Tribunal; the Central Government may require security for investigation costs before appointment.

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Need advice on Section 44?

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.

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Statutory text

Bare law

An application by partners of the limited liability partnership under clause (a) of sub-section (1) of section 43 shall be supported by such evidence as the Tribunal may require for the purpose of showing that the applicants have good reason for requiring the investigation and the Central Government may, before appointing an inspector, require the applicants to give security, of such amount as may be prescribed, for payment of costs of the investigation.

Key takeaways

1

Core rule

Partners applying under section 43(1)(a) must supply evidence required by the Tribunal; the Central Government may require security for investigation costs before appointment.

2

Operational step

Confirm the section 43(1)(a) route

How section 44 works

Partners applying under section 43(1)(a) must supply evidence required by the Tribunal; the Central Government may require security for investigation costs before appointment.

Practical steps

Confirm the section 43(1)(a) route; collect evidence of good reason; respond to Tribunal directions; prepare for any prescribed security.

Practical preparation

Check these points against the Act and the relevant records.

  • Confirm the section 43(1)(a) route
  • Collect evidence of good reason
  • Respond to Tribunal directions
  • Prepare for any prescribed security.

Practical checklist

Do

  • Confirm the section 43(1)(a) route
  • Collect evidence of good reason
  • Respond to Tribunal directions
  • Prepare for any prescribed security.

Avoid

  • Do not bypass the approvals, time limits or conditions stated in this section.

Illustrative example

Hypothetical: application by partners for investigation

Partners request an investigation into unexplained LLP transactions.

  1. Step 1

    Gather transaction records

  2. Step 2

    Show why investigation is warranted

  3. Step 3

    Address any security request.

Outcome

  • A bare allegation may not satisfy the Tribunal’s evidence requirement.

Glossary

security for costs
An amount the Central Government may require from applicants toward investigation costs.

Frequently asked questions

What does section 44 provide?

Partners applying under section 43(1)(a) must supply evidence required by the Tribunal; the Central Government may require security for investigation costs before appointment.

What should be checked in practice?

Confirm the section 43(1)(a) route; collect evidence of good reason; respond to Tribunal directions; prepare for any prescribed security.

Need help applying this provision to your situation?

Contact Bizeneed

Last updated 10 October 2026