CHAPTER XVII
CONVERSION FROM UNLISTED PUBLIC COMPANY TO LIMITED
LIABILITY PARTNERSHIP
40(1) For the purposes of the Fourth Schedule, an application shall be
made in the format provided in Part A of Form 18 together with
the statement of shareholders in format provided in Part B of
Form 18 alongwith the fee as mentioned in Annexure ‘A’.
(2) The Registrar shall, on conversion of any unlisted public
company into limited liability partnership shall issue a certificate
of registration under his seal in Form 19.
(3) For the purposes of para 5 of the Fourth Schedule, the limited
liability partnership shall inform the concerned Registrar of
Companies about conversion of unlisted public company into
limited liability partnership in Form 14.
CHAPTER-XVIII
COMPOUNDING OF OFFENCES
41 (1) Every application for the compounding of an offence shall be
made in Form 31 to the Registrar who shall forward the same,
together with his comments thereon, to the Central Government.
(2) Where any offence is compounded before the institution of
any prosecution, no prosecution shall be instituted in relation to
such offence, against the offender in relation to whom the offence
is so compounded.
(3) Where the composition of any offence is made after the
institution of any prosecution, such composition shall be brought
by the Registrar in writing, to the notice of the Court in which the
prosecution is pending .
(4)Where any offence is compounded under section 39, whether
before or after the institution of any prosecution, intimation
thereof shall be given by the LLP to the Registrar in Form 22
within seven days from the date on which the offence is so
compounded.
(5) The Central Government while dealing with an application for
the compounding of the offence for a default in compliance with
any provision of the Act which requires a LLP or its partner or
partners or designated partner or designated partners to file or
register with, or send to, the Registrar any return, statement of
account and solvency or other document, may, if it thinks fit to do
41
so, direct, before allowing compounding under this rule, by order,
any partner or designated partner of the LLP to file or register
with, or on payment of the fee, and the additional fee, required to
be paid under section 69, such return, statement of account and
solvency or other document within such time as may be specified
in the order. |
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