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Statutory Rules of Northern Ireland

2004 No. 396

PARTNERSHIP

Limited Liability Partnerships (Fees) Regulations (Northern Ireland) 2004

Made

16th September 2004

To be laid before Parliament under paragraph 7(3) of the Schedule to the Northern Ireland Act 2000

Coming into operation

1st November 2004

The Department of Enterprise, Trade and Investment(1), in exercise of the powers conferred on it by Article 657(1) and (2) of the Companies (Northern Ireland) Order 1986(2), as applied to limited liability partnerships by regulation 4 of, and Schedule 2 to, the Limited Liability Partnerships Regulations (Northern Ireland) 2004(3), and of every other power enabling it in that behalf, hereby makes the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Limited Liability Partnerships (Fees) Regulations (Northern Ireland) 2004 and shall come into operation on 1st November 2004.

Interpretation

2.  In these Regulations:

“the 1986 Order” means the Companies (Northern Ireland) Order 1986;

“the 2002 Act” means the Limited Liability Partnerships Act (Northern Ireland) 2002(4);

“an annual return” means a document required to be submitted by a limited liability partnership to the registrar under Article 371 of the 1986 Order as applied to limited liability partnerships by the Limited Liability Partnerships Regulations (Northern Ireland) 2004;

“the Companies Orders” has the meaning contained in Article 2(3) of the 1986 Order as extended by regulation 4 of the Limited Liability Partnerships Regulations (Northern Ireland) 2004;

“the register” means the register kept by the registrar for the purposes of the Companies Orders.

Fees

3.  The fees set out in the second column of the Schedule shall be the fees payable in respect of the matters set out in the first column of the Schedule.

Sealed with the Official Seal of the Department of Enterprise, Trade and Investment on 16th September 2004.

L.S.

M. Bohill

A senior officer of the

Department of Enterprise, Trade and Investment

Regulation 3

SCHEDULEFEES TO BE PAID TO THE REGISTRAR OF COMPANIES

Matter in respect of which fee is payableAmount of Fee

1.  For registration of a limited liability partnership on its incorporation under the 2002 Act

£35·00

2.  For registration of an annual return submitted by a limited liability partnership

£20·00

3.  For registration of notification to the registrar of a change of the name of a limited liability partnership

£40·00

4.  For the performance by the registrar of his functions in relation to an application by a limited liability partnership under Article 603A of the 1986 Order(5), as applied to limited liability partnerships, for a limited liability partnership’s name to be struck off the register

£10·00

5.  For the registration of a charge under Part XIII of the 1986 Order as applied to limited liability partnerships

£25·00
Per entry on a register of charges kept by the registrar in respect of a limited liability partnership

6.  For a certified copy of, or extract from, any record kept by the registrar for the purposes of the Companies Orders and relating to a limited liability partnership

£1·00
And for each page of a certified copy or extract from such a record£0·40

7.  For a certificate of incorporation of a limited liability partnership (supplied otherwise than on the incorporation of the limited liability partnership)

(a)for the first certificate supplied on any occasion

£3·50

(b)for each additional certificate supplied on the same occasion

£2·50

Explanatory Note

(This note is not part of the Regulations.)

1.  These Regulations are made under Article 657 of the Companies (Northern Ireland) Order 1986 as applied to limited liability partnerships by regulation 4 of, and Schedule 2 to, the Limited Liability Partnerships Regulations (Northern Ireland) 2004. Article 657 enables Regulations to provide for the payment of fees in respect of certain functions performed by the registrar of companies both under the Limited Liability Partnerships Act (Northern Ireland) 2002 and under the Companies (Northern Ireland) Order 1986, as it is applied to limited liability partnerships.

2.  The fee for the registration of a limited liability partnership under sections 2 and 3 of the Limited Liability Partnerships Act (Northern Ireland) 2002 is £35·00.

3.  The fee for the registration of an annual return is £20·00. A limited liability partnership is required to submit an annual return to the registrar of companies by Article 371 of the Companies (Northern Ireland) Order 1986 as modified by regulation 4 of, and Schedule 2 to, the Limited Liability Partnerships Regulations (Northern Ireland) 2004.

4.  The fee for the registration of a notification of a change of name of a limited liability partnership is £40·00. A limited liability partnership is permitted to change its name under paragraph 4 of the Schedule to the Limited Liability Partnerships Act (Northern Ireland) 2002.

5.  The fee for the performance by the registrar of companies of his functions in relation to an application by a limited liability partnership for its name to be struck off the register is £10·00. Article 603A of the Companies (Northern Ireland) Order 1986 is applied to limited liability partnerships by regulation 4 of, and Schedule 2 to, the Limited Liability Partnerships Regulations (Northern Ireland) 2004.

6.  The fee for the registration of a charge, created by a limited liability partnership, is £25·00 per entry. The provisions, governing the charges created by limited liability partnerships, are contained in Part XIII of the Companies (Northern Ireland) Order 1986, as applied to limited liability partnerships by regulation 4 of, and Schedule 2 to, the Limited Liability Partnerships Regulations (Northern Ireland) 2004.

7.  Article 658 of the Companies (Northern Ireland) Order 1986, as applied to limited liability partnerships, enables persons to require a certified copy of, or extract from, any record kept by the registrar of companies. The fee for a certified copy of, or extract from, any record relating to a limited liability partnership is £1·00 and for each page of a certified copy or extract from such a record the fee is £0·40.

8.  Section 3(1) of the Limited Liability Partnerships Act (Northern Ireland) 2002 provides that, upon the incorporation of a limited liability partnership, the registrar of companies shall give a certificate that the limited liability partnership is incorporated by the name specified in the incorporation document. For the first certificate of incorporation of a limited liability partnership supplied on any occasion, other than on incorporation (when the certificate is included in the incorporation fee) the fee is £3·50. The fee for each additional certificate supplied on the same occasion is £2·50.

(1)

Formerly the Department of Economic Development: see S.I. 1999/283 (N.I. 1), Article 3(5)

(2)

S.I. 1986/1032 (N.I. 6); Article 657(1) was amended by Articles 61(2) and 113 of, and Schedule 6 to, the Companies (No. 2) (Northern Ireland) Order 1990 (S.I. 1990/1504 (N.I. 10))

(5)

Article 603A was inserted by section 13(2) of, and paragraphs 1 and 2 of Schedule 6 to, the Deregulation and Contracting Out Act 1994 (c. 40)