Issue auditor legal notice to furnish documents sought by you
2) if auditor fails to furnish documents you will need court orders to direct auditor to furnish the documents
Being an outgoing partner of LLP firm, Can I request the following documents from my statutory Auditor i.e. C.A .
1 Reconciliation statement with UDIN i.e. Profit & Loss Statement, Asserts & Liability statement, Cash Flow Statement from the date of incorporation till the date of dissolution of partnership firm. 2. Copy of Audited Balance Sheet of partnership firm from the date of incorporation till the date of dissolution of partnership firm. 3. Copy of Record updation in MCA regarding strike off the name of designated partner. 4. CA Certificate with UDIN with regarding No Govt. Dues or liability i.e. GST and Income Tax of partnership firm. 5. CA Certificate with UDIN regarding receiving of Govt. Subsidiary or incentives (Drawback, MEIS, REDTOP) received by Partnership firm from the date of incorporation till the date of dissolution of partnership firm. 6. Copy of Annual Returns of GST i.e. GSTR-09. 7. Copy of Income Tax Returns for the period firm from the date of incorporation till the date of dissolution of partnership firm. 8. Bank Statement of all statutory accounts of LLP Firm, from the date of incorporation till the date of dissolution of partnership firm. 9. CA Certificate with UDIN regarding receipt and utilization of Loans & Advances of LLP firms, in the operation of LLP Firms. If the Chartered Accountant fails to provide the above said documents, what are the legal action With Regards. Designated Partner LLP Firm
Asked 2 months ago in Business Law
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7 Answers
If the said documents are available in the company, you can request the other partners to provide a copy, if they are reluctant then you can ask the company's auditor to provide the copies of all the documents held by him.
If he refuses to furnish them, then you may resort to legal action by first sending a legal notice instructing him to provide them and then escalate the matter through court of law if the auditor is still reluctant.
Dear Sir,
You may get issue a legal notice not only to statutory auditor but also to the LLP firm and also its other directors or members. If no reply is received or reply is received without documents then approach legally by filing a writ petition or a civil suit.
after asking these document what i get reply from ca As per my communication with Chronos Clothes LLP, it was informed to me that you are no longer associated with Chronos Clothes LLP and you have resigned from the said LLP firm. So you are requested to get the documents from the company as we can't provide the documents to you directly. Further all the documents were already shared every year so if you want you can get the documents from the authorised person in Chronos Clothes LLP. Further it was also informed to our firm that you had misue your position to provide undue monetary benefits to your husband Mr Ratan Dubey and the existing designated partners of Chronos Clothes is investigating this matter and if this proved then the llp firm will take legal action against you which chronos clothes already intimated to you.
Asked 2 months ago
Call upon Chronos LLP to give you the documents
you were partner of the firm hence you are entitled to the said documents
If your CA is giving this notorious reply then you can proceed to obtain the desired documents through court of law by filing an appropriate case.
Before that you can serve a legal notice demanding the document mentioning for what reason you require them.
Your determination should not be deterred by his false allegations, let the CA give any reply, you can challenge them in court of law instead of exchanging unnecessary correspondences between you both.
Dear client,
In the case of failure of the CA to submit the said documents you can issue a notice to compliance as partners of the LLP have the privilege to retrieve records of the firm under Section 2(23) of the Limited Liability Partnership Act, 2008. Specifically, in case if you have resigned from the Chronos Clothes LLP, you can find some restrictions in terms of the documents shown below However, since the documents shared reflected annual reports of the LLP you can ask the authorized personnel of the LLP to provide a copy of the mentioned documents. Furthermore, in view of the allegations against you, it is important that you compile evidence to support your side on the issue of misuse of position. In case the CA refuses to cooperate if his refusal seems unjustified or if the LLP partners are not cooperative, you should complain to the Institute of Chartered Accountants of India (ICAI) or approach civil court for breach of duty. It is advisable that you consult a lawyer particularly one who is skilled in corporate law so that he/she can assist you in this issues.
Hope you find this answer beneficial for resolving the dispute.
- Yes, being an outgoing partner of an LLP , you are entitled to access the financial records and statutory filings of the LLP, including the documents which you have mentioned.
- If the said CA refused to provide the same on any ground then you can take legal action against him , and deny the allegations .
- You can send a legal notice for getting the same, and on refusal you can complaint against him with ICAI , as the CA, as a licensed professional, is required to follow professional standards and provide relevant documentation to stakeholders.
- Further, as an outgoing partner, you have legal right to file a civil suit against the LLP or the auditor if they are withholding critical financial information.
- Further , you can also file a complaint before the Registrar of Companies as well.
