Can a partnership apply for a judicial audit after a dispute arises?

Mondo Social Updated on 2024-02-21

Lawyer Zhang Jing in Guangzhou answers: It is only possible to have a full set of financial account books, and in practice, general individual partnerships do not have the conditions for judicial audit. In the following case, the defendant claimed that the joint beef grocery store had lost 610,000 yuan, but the account books, summary sheets, and payroll slips submitted by the defendant were all unilaterally produced, which was not objective and could not be used as information that had not been judicially audited. In the end, the court did not agree to the defendant's application for judicial audit.

Excerpt from the verdict:

The defendant asserted that the chain store "a certain offal" operated by the partnership had been in a state of loss, and had lost a total of 614231 by the time of its closure24 yuan, submitted the income statement and summary statement from March to September, accounting vouchers, etc. to this court to support it, and applied to this court for financial audit However, there are the following problems in the above-mentioned financial information: 1. Income, (1) the defendant's partnership capital contribution is only made by the defendant unilaterally, and there is no bank statement or other evidence to support it; (2) The cashier employee statements reflecting business income only have the signatures of the words "Hou", "Wang", and "Wang", and even some of the reports are not signed by anyone 2. Cost expenditure, most of the relevant bills reflecting operating costs are manually filled in receipts, and some receipts have no personal signatures, and there is no signature of the workers in the wages of the workers, and there is no bank statement or other evidence to support the actual distribution 3. The chain store operated by the partnership has been closed by the defendant, Therefore, the existing financial information provided by the defendant alone is not sufficient to substantiate the partnership income and cost expenditure, partnership property and disposal status of the two parties, and the audit conclusions made on the basis of the existing financial information provided by the defendant are not objective and authentic, so this court does not approve the defendant's application

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