Chapter VII - Financial Disclosures
Section 40
Section 40: Destruction of old LLP records
The Registrar may destroy filed or registered documents, whether physical or electronic, in accordance with prescribed rules.
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Need advice on Section 40?
This article is for general information. Refer to the Limited Liability Partnership Act, 2008 official text for the official provisions. If you need professional advice for your situation, contact Bizeneed.
Statutory text
Bare law
The Registrar may destroy any document filed or registered with him in physical form or in electronic form in accordance with such rules as may be prescribed.
Introduction
Section 40 gives the Registrar a record-destruction power subject to prescribed rules. It does not set a retention period in the Act's own text and does not direct an LLP to destroy its own books or documents.
Key takeaways
Registrar power
The provision concerns documents filed or registered with the Registrar.
Both formats
Physical and electronic documents are covered.
Rules control
Destruction must follow prescribed rules; Section 40 itself gives no fixed period.
Identify the record holder
Determine whether the document is held by the Registrar as a filed or registered record. An LLP's internal records have separate obligations.
Check the applicable rule
For a particular document, locate the current prescribed rule governing whether and when the Registrar may destroy it.
Preserve transaction evidence
If the LLP needs a filed document for its own records, obtain and retain a copy while it is available under the relevant inspection process.
Practical preparation
When reviewing an old filing:
- Confirm the filing and date.
- Check the current record rule.
- Keep a copy needed for the LLP's own legal or business records.
Practical checklist
Do
- Retain important copies in the LLP's own document system.
- Check the current prescribed rule before asserting a retention period.
Avoid
- Do not read Section 40 as permission for an LLP to destroy its own records.
- Do not assume the Act fixes a single destruction date for every document.
Illustrative example
Hypothetical: historical filing needed for diligence
An LLP is asked for an old registered document in a financing review.
Locate
Identify the original filing and any copy already held by the LLP.
Check availability
Use the prescribed inspection process and check the applicable Registrar record rule.
Preserve
Retain a lawful copy for the financing file.
Outcome
- Section 40 permits rule-governed destruction by the Registrar; it does not guarantee that every historical filing remains retrievable indefinitely.
Glossary
- Filed document
- A document delivered to the Registrar under the LLP Act framework.
- Prescribed rules
- Rules made under the Act that govern how this record-destruction power is exercised.
Frequently asked questions
Does Section 40 tell LLPs to destroy old books?
No. It addresses the Registrar's power over documents filed or registered with that office.
Does the section give a fixed retention period?
No. It requires the Registrar to act in accordance with prescribed rules.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026