Chapter VII - Financial Disclosures
Section 41
Section 41: enforcement of duty to make returns, etc
A filing or Registrar-request default can lead to a Tribunal order if the LLP does not cure it within 14 days after service of the required notice.
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Need advice on Section 41?
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
(1) If any limited liability partnership is in default in complying with— (a) any provisions of this Act or of any other law which requires the filing in any manner with the Registrar of any return, account or other document or the giving of notice to him of any matter; or (b) any request of the Registrar to amend or complete and resubmit any document or to submit a fresh document, and fails to make good the default within fourteen days after the service on the limited liability partnership of a notice requiring it to be done, the Tribunal may, on application by the Registrar, make an order directing that limited liability partnership or its designated partners or its partners to make good the default within such time as specified in the order. (2) Any such order may provide that all the costs of and incidental to the application shall be borne by that limited liability partnership. (3) Nothing in this section shall limit the operation of any other provision of this Act or any other law imposing penalties in respect of any default referred to in this section on that limited liability partnership.
Key takeaways
Core rule
A filing or Registrar-request default can lead to a Tribunal order if the LLP does not cure it within 14 days after service of the required notice.
Operational step
Identify the filing or resubmission default
How section 41 works
A filing or Registrar-request default can lead to a Tribunal order if the LLP does not cure it within 14 days after service of the required notice.
Practical steps
Identify the filing or resubmission default; record the date of service of the notice; make good the default within 14 days; retain proof of cure.
Practical preparation
Check these points against the Act and the relevant records.
- Identify the filing or resubmission default
- Record the date of service of the notice
- Make good the default within 14 days
- Retain proof of cure.
Practical checklist
Do
- Identify the filing or resubmission default
- Record the date of service of the notice
- Make good the default within 14 days
- Retain proof of cure.
Avoid
- Do not bypass the approvals, time limits or conditions stated in this section.
Illustrative example
Hypothetical: enforcement of duty to make returns, etc
An LLP receives a notice to complete a deficient return and has not responded.
Step 1
Confirm service and the 14 day period
Step 2
Complete and resubmit the document
Step 3
Preserve filing proof.
Outcome
- The Registrar may apply for a Tribunal order if the default remains; other statutory penalties can still apply.
Glossary
- notice of default
- The notice served on the LLP requiring it to make good a filing or document default.
Frequently asked questions
What does section 41 provide?
A filing or Registrar-request default can lead to a Tribunal order if the LLP does not cure it within 14 days after service of the required notice.
What should be checked in practice?
Identify the filing or resubmission default; record the date of service of the notice; make good the default within 14 days; retain proof of cure.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026