Microlesson · 5-min read

Registrar's Power to Obtain Information (Section 38)

## Section 38 — Power of Registrar to Obtain Information

### Sub-section (1) — Power

The Registrar may require any of the following persons to furnish information in writing within a reasonable period:

For the purpose of:

### Sub-section (2) — Summons Power

On failure to provide such information, the Registrar shall have power to summon that person to appear in person.

### Sub-section (3) — Penalty for Contravention

Fine: ₹2,000 to ₹25,000.

### Object

Gives RoC investigative teeth — to obtain information beyond mere filed returns, especially from people who have since left the LLP.

Worked example

### Example 1

Example: A former partner of an LLP refuses to answer queries from the RoC about transactions during his tenure. What can the RoC do?

Answer: RoC may summon him in person under Section 38(2). On non-compliance, fine ₹2,000 to ₹25,000 under Section 38(3).

Believing only present officers can be summoned — Section 38 explicitly covers former partners, DPs and employees.
Confusing the fine range ₹2,000–₹25,000 with other sections.

Reference: Section 38 — Limited Liability Partnership Act, 2008

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