# Power of Registrar to Obtain Information [Section 38]
## Powers Given to ROC
### Step 1 — Written Requisition
ROC may require any person (including a former partner, DP or employee) to:
Answer a question
Make a declaration, OR
Supply details in writing
…as required by ROC, within a reasonable period.
### Step 2 — Summons
If the person:
Does not reply, OR
The ROC is not satisfied with the reply
…then ROC has power to summon such person to appear before:
ROC himself, OR
An inspector, OR
Any public officer designated by ROC.
## Penalty for Non-Compliance
Any person who, without lawful excuse, fails to comply with:
Requisition of ROC, OR
Summons issued
…is punishable with fine of not less than ₹2,000, extendable up to ₹25,000.
## Persons Covered
Current partners / DPs / employees
Former partners / DPs / employees
Worked example
### Example 1
Q: ROC issued a written requisition to Mr. F (a former employee of XYZ LLP) asking for details of certain transactions. Mr. F ignores the requisition without cause. What is the consequence?
A: Without lawful excuse, Mr. F has failed to comply. He is punishable with fine — minimum ₹2,000, extendable up to ₹25,000. ROC may also summon him to appear.
### Example 2
Q: Can ROC question a person who is no longer associated with the LLP?
A: Yes. Section 38 expressly extends to former partners, DPs and employees.
⚠️ Common exam mistakes
Believing Section 38 applies only to current partners/employees — it covers former ones too.
Forgetting that the fine has a minimum of ₹2,000.
Bare-Act text Section 38 · The Limited Liability Partnership Act, 2008 · click to expand
Section 38 - Power of Registrar to obtain information: In order to obtain such information, the Registrar shall have the power to summon any present or former partner, designated partner or employee of an LLP. If any person, without lawful excuse, fails to comply with any summons or requisition of the Registrar, he shall be punishable with fine which may extend to twenty-five thousand rupees but shall not be less than two thousand rupees.