CHAPTER VIII
DESTRUCTION OF OLD RECORDS
27(1) The Registrar shall preserve the documents permanently as specified in
Annexure ‘B’ to these rules.
(2) Subject to previous order of the Registrar, the records in the office of
Registrar may be destroyed after the expiry of the period of their
preservation as specified below:-
(a) Records to be preserved for 21 years:
All papers, registers, refund orders and correspondence relating to
the limited liability partnership liquidation accounts.
(b) Records to be preserved for 5 years:
(i) copies of Government orders relating to limited liability
partnership;
(ii) registered documents of limited liability partnership which
have been fully wound up and finally dissolved together
with correspondence relating to such limited liability
partnership;
(iii) papers relating to legal proceedings from the date of
disposal of the case and appeal, if any;
(iv) copies of statistical returns furnished to Government;
(v) all correspondences including correspondences relating to
scrutiny of accounts, annual returns, prosecutions, reports
to the Central Government and the Tribunal and the
correspondences relating to complaints:
Provided that in case of prosecution matter, the date is to
be recorded from the date of disposal of the case and
appeal, if any.
(c) Records to be preserved for three years-
(i) All books, records and papers, other than those specified
in sub-rule (1), clauses (a) and (b) of sub-rule (2), sub-rule
(3) and sub-rule (4).
(ii) Routine correspondence regarding payment of fees,
additional filing fees and correspondence about the return
of documents.
(3) The registered documents specified in Annexure ‘C’ to these rules
relating to any limited liability partnership in operation shall be
preserved for the period indicated against them in the said Annexure.
(4) Registered documents of foreign limited liability partnerships which
cease to have any place of business in India shall be destroyed after
expiry of three years from the date such limited liability partnerships
cease to have any place of business in India.
(5) The Registrar shall maintain a Register of destroyed documents in two
parts, in the form set out in the Annexure ‘D’ to these rules, wherein he
shall enter brief particulars of the records destroyed and shall certify
therein the date and mode of destruction.
(6) The provisions of these rules shall be in addition to and not in
derogation of the rules for the destruction of office records connected
with accounts (containing in Appendix 13 to the Compilation of the
General Financial Rules) and the period prescribed under Record
Retention Schedule for Records common to all departments and such
other rules.
CHAPTER IX
INVESTIGATIONS
28. For the purposes of clause (a) of sub-section (3) of section 43, an
application by the partners to investigate into the affairs of the limited
liability partnership, shall be made, along with such security, for an
amount calculated on the following scale but not exceeding twenty five
lakh rupees, for payment of costs of the investigation:
Turnover (Rs.)
[as stated in the Statement of Account
of Solvency for the immediately
preceding financial year]
Amount of Security
(i) Upto 1 Crore
2 Lakh
(ii) 1 Crore or more but less than 5
crore
5 Lakh
(iii) 5 Crore or more but less than 10
crore
10 Lakh
(iv) 10 Crore or more
25 Lakh
Explanation.- In the absence of Statement of Account and Solvency for
the preceding financial year, such amount of security as may be fixed
by the Central Government.
29. For the purposes of section 44, an application by the partners under
clause (a) of sub section (1) of section 43 to investigate the affairs of
the limited liability partnership, shall be made alongwith the deposit of
such security as calculated in the manner specified in rule 28.
30. The fee payable for furnishing a copy of the Inspector’s report in
pursuance of clause (b), sub section (2), section 49 shall be five rupees
per page or fractional part thereof.
31. For the purposes of section 54, a copy of the report of any inspector or
inspectors, shall be authenticated either –
(a) by the common seal, if any, of the limited liability
partnership whose affairs have been investigated into; or
(b) by a certificate of a public officer having the custody of the
report, under and in accordance with the provisions of
section 76 of the Indian Evidence Act, 1872 (1 of 1872). |
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