Pending Civil, Criminal Cases No Bar To LLP Investigation If Independent Probe Warranted: NCLT Jaipur

The Jaipur National Company Law Tribunal (NCLT), has held that the mere pendency of civil and criminal proceedings between parties cannot prevent an investigation into the affairs of a Limited Liability Partnership (LLP) if the material on record indicates circumstances requiring independent scrutiny. A Bench of Judicial Member Reeta Kohli and Technical Member Kavita Bhatnagar directed an investigation into the affairs of RKM Merchandise LLP under Section 43 of the Limited Liability Partnership...

No Provision To Waive Eligibility Requirements Under Section 43(3) Of the LLP Act For Investigation: NCLT New Delhi

The National Company Law Tribunal New Delhi bench of Dr. Sanjeev Ranjan (Technical Member) and Manni Sankariah Shanmuga Sundaram (Judicial Member) has held that there is no provision empowering it to relax / waive the eligibility requirements prescribed under Section 43(3) of LLP Act. Section 43(3) outlines the conditions under which the Central Government may appoint inspectors to investigate the affairs of an LLP. This subsection mandates that a minimum of one-fifth of the total...