Mr. K, a prospective lender to ABC LLP, wishes to verify the LLP's solvency before lending. Can he access the LLP's filings?
Answer: Yes. Under Section 36, the Statement of Account and Solvency, annual return, incorporation document and details of partners filed with the Registrar are available for inspection by any person on payment of prescribed fees.
### Example 2
Example 2 — False Filing
Mr. L, a designated partner of XYZ LLP, knowingly omits a material liability of ₹50 lakh from the annual return.
Answer: Under Section 37, L is punishable with:
Imprisonment up to 2 years; AND
Fine of ₹1 lakh to ₹5 lakh (minimum ₹1 lakh).
Both are mandatory — fine cannot replace imprisonment.
### Example 3
Example 3 — Registrar Summons
Ms. M, a former partner of PQR LLP, ignores a Registrar's written requisition seeking clarification on past transactions, without any lawful excuse.
Answer: Under Section 38(2), the Registrar may summon her. Under Section 38(3), her failure to comply attracts a fine of ₹2,000 to ₹25,000. The fact that she is a former partner is no defence — the section explicitly extends to former partners.
⚠️ Common exam mistakes
Believing that only members of the LLP can inspect documents under Section 36 — in fact, any person can inspect.
Stating Section 37 penalty as fine OR imprisonment — it is both.
Treating the ₹1 lakh under Section 37 as the maximum — it is the minimum; the maximum is ₹5 lakh.
Forgetting that Section 38 covers former partners and employees as well as current ones.
Confusing the Registrar's summons fine (₹2,000 to ₹25,000) with the false-statement fine (₹1 lakh to ₹5 lakh).
Assuming the Registrar's power is only over the LLP itself — Section 38 expressly extends to designated partners, partners and employees, present or former.
Bare-Act text Sections 36, 37, 38 · Limited Liability Partnership Act, 2008 · click to expand
Section 36 — Inspection of documents kept by Registrar: The incorporation document, names of partners and changes, if any, made therein, Statement of Account and Solvency and annual return filed by each limited liability partnership with the Registrar shall be available for inspection by any person in such manner and on payment of such fee as may be prescribed.
Section 37 — Penalty for false statement: If in any return, statement or other document required by or for the purposes of any of the provisions of this Act, any person makes a statement — (a) which is false in any material particular, knowing it to be false; or (b) which omits any material fact knowing it to be material, he shall, save as otherwise expressly provided in this Act, be punishable with imprisonment for a term which may extend to two years, and shall also be liable to fine which may extend to five lakh rupees but which shall not be less than one lakh rupees.
Section 38 — Power of Registrar to obtain information: (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 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.