close

56. Information as to pending liquidations

(1) (i) The LLP liquidator, in the case of voluntary winding up, and the liquidator, in the case of winding up by Tribunal, shall during the tenure of his office prepare every year a statement of accounts as on 31st March in Form No 15  within two months thereof which shall be verified by a declaration:

Provided that where the LLP Liquidator or liquidator has not, during the period of account, received or paid any sum of money on account of the assets of the LLP, he shall file an affidavit of no receipts or payments on the date on which he shall have to file his accounts for the period.

(ii) The accounts shall be audited by a Chartered Accountant, and for the purpose of the audit, the LLP Liquidator or liquidator shall furnish the auditor such vouchers and information as the auditor may require:

Provided that the accounts need not be got audited by the Chartered Accountant where the value of total transactions during the period is for rupees fifty thousand or less:

Provided further that, where the audit of the accounts is not required under this rule, the statements of accounts shall contain a declaration that the LLP Liquidator or liquidator acknowledges his responsibility for maintaining the books and records and funds are utilized only for the purpose of winding up of the affairs of the LLP.

Explanation;- ‘Year’ in relation to the statement means period from first day of April of a Year to the 31st day of March following year:

(2) (i) A copy of the statement of accounts along with the auditor’s report shall be filed with the Tribunal forthwith in the case of winding up by Tribunal.
(ii) A copy of the statement of accounts along with the Auditor’s report shall be filed with the Registrar in every kind of winding up in
Form No 10 not later than 30th September following.

(3) Any person stating himself in writing to be a creditor or partner of the LLP shall be entitled, by himself or by his agent, at all reasonable times, on payment of the fee specified in Annexure, to inspect the statement referred to in sub-rule (1), and to receive a copy thereof or an extract therefrom.

(4) Any person fraudulently stating himself to be a creditor or partner under sub-rule (3) shall be deemed guilty of an offence under section 182 of the Indian Panel Code, and shall, on the application of the LLP Liquidator, be punishable accordingly: