Chapter VI - Proceedings and Procedures - Petition for Winding up, Provisional Liquidator, Winding up Order, and Statement of Affairs, (From Rule 101 to Rule 110)
Chapter VI - Proceedings and Procedures - Meetings of creditors or partners in a winding up by Tribunal and of creditors in a voluntary winding up (From Rule 168 to Rule 190)
Chapter VI - Proceedings and Procedures - Proxies in relation to meetings in winding-up by Tribunal and to meetings of creditors in a voluntary winding-up (From Rule 191 to Rule 200)
Chapter VI - Proceedings and Procedures - Monies due from partners in a winding up by the Tribunal including outstanding contribution, etc. (From Rule 206 to Rule 209)
Chapter VI - Proceedings and Procedures - Examination of person suspected of having property of LLP etc. and examination of partners, designated partners, officers etc., in connection with the fruad etc. (From Rule 210 to Rule 224)
Chapter VI - Proceedings and Procedures - Application against delinquent partners, designated partners and officers of the LLP (From Rule 225 to Rule 234)
Chapter VI - Proceedings and Procedures - Payment of unclaimed distributable sums and undistributed assets into the LLPs liquidation account in a winding up (From Rule 296 to Rule 298)
Report of fraud triggers Tribunal investigation and power to examine persons and convert winding up to compulsory. Where an LLP liquidator reports sufficient evidence of fraud affecting partners, creditors, LLP interests or the public, the Tribunal may order an investigation under section 43 and, on that investigation's report, direct attendance and examination of the person concerned about the LLP's promotion, formation, business conduct or conduct as an officer. The liquidator must intimate allegations against non-partners to partners or designated partners and include their views. The Tribunal also has power to convert voluntary winding up into compulsory winding up, and Part VI public examination provisions apply mutatis mutandis.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Report of fraud triggers Tribunal investigation and power to examine persons and convert winding up to compulsory.
Where an LLP liquidator reports sufficient evidence of fraud affecting partners, creditors, LLP interests or the public, the Tribunal may order an investigation under section 43 and, on that investigation's report, direct attendance and examination of the person concerned about the LLP's promotion, formation, business conduct or conduct as an officer. The liquidator must intimate allegations against non-partners to partners or designated partners and include their views. The Tribunal also has power to convert voluntary winding up into compulsory winding up, and Part VI public examination provisions apply mutatis mutandis.
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