The Limited Liability Partnerships (Application of Companies Act 2006) Regulations 2009

Changes over time for: Section 66

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Inspection etc of the registerU.K.

This section has no associated Explanatory Memorandum

66. Sections 1085 to 1091 M1 apply to LLPs, modified so that they read as follows—

“1085. Inspection of the register

(1) Any person may inspect the register.

(2) The right of inspection extends to the originals of documents delivered to the registrar in hard copy form if, and only if, the record kept by the registrar of the contents of the document is illegible or unavailable. The period for which such originals are to be kept is limited by section 1083(1).

[F1(3) This section has effect subject to—

(a)sections 67(2), 73(7), 75(6), 76(9), 76A(9) and 76B(9) (which confer powers to suppress an LLP’s name that it has been directed or ordered to change);

(b)section 1084(2) (records relating to LLPs that have been dissolved);

(c)section 1087 (material not available for public inspection).]

1086. Right to copy of material not on the register

(1) Any person may require a copy of any material on the register [F2that is available for public inspection].

(2) The fee for any such copy of material derived from a document specified for the purposes of section 1077, whether in hard copy or electronic form, must not exceed the administrative cost of providing it.

F3(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1087. Material not available for public inspection

(1) The following material must not be made available by the registrar for public inspection—

[F4(za)an email address delivered to the registrar under—

(i)section 2(2)(da) of the Limited Liability Partnerships Act 2000 or section 88B (initial registered email address and change of address);

(ii)regulation 17ZB of the Limited Liability Partnerships (Application of Companies Act 2006) Regulations 2009 (S.I. 2009/1804);]

(a)the contents of any document sent to the registrar containing views expressed pursuant to section 56 (comments on proposal by LLP to use certain words or expressions in LLP name);

(b)protected information within section 242(1) (members' residential addresses: restriction on disclosure by registrar);

(c)representations received by the registrar in response to a notice under section 245(2) (notice of proposal to put member's usual residential address on the public record);

[F5(ca)information to which sections 240 to 244 are applied by section 790ZF(1) (residential addresses of people with significant control over the LLP);

(cb)information that, by virtue of regulations under section 790ZG, the registrar must omit from the material on the register that is available for public inspection;]

(d)any application to the registrar under section 1024 (application for administrative restoration to the register) that has not yet been determined or was not successful;

(e)any document received by the registrar in connection with the giving or withdrawal of consent under section 1075 (informal correction of documents) [F6before the repeal of that section by the Economic Crime and Corporate Transparency Act 2023];

[F7(ea) relevant date of birth information that section 1087A provides is not to be made available for public inspection;]

(f)any application or other document delivered to the registrar under section 1088 (application to make address unavailable for public inspection) and any address in respect of which such an application is successful;

[F8(fa)any information provided to the registrar under section 1092A (power to require further information);]

[F9(g) any application or other document delivered to the registrar under section 1094 (removal of material from the register);]

(h)any court order under section 1096 (rectification of the register under court order) that the court has directed under section 1097 (powers of court on ordering removal of material from the register) is not to be made available for public inspection;

[F10(ha)any application or document delivered to the registrar under section [F111097A, 1097B or 1097C (rectification of registered office, service address or principal office address)] other than an order or direction of the court;]

F12(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(j)any e-mail address, identification code or password deriving from a document delivered for the purpose of authorising or facilitating electronic filing procedures or providing information by telephone;

[F13(ja)any record of the information contained in a document (or part of a document) mentioned in any of the previous paragraphs of this subsection.]

(k)any other material excluded from public inspection by or under any other enactment.

(2) A restriction applying by reference to material deriving from a particular description of document does not affect the availability for public inspection of the same information contained in material derived from another description of document in relation to which no such restriction applies.

(3) Material to which this section applies need not be retained by the registrar for longer than appears to the registrar reasonably necessary for the purposes for which the material was delivered to the registrar.

F141087ZA. Required particulars available for public inspection for limited period

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1087A [F15Protection of date of birth information

(1) The registrar must not make available for public inspection—

(a)so much of any document delivered to the registrar as is required to contain relevant date of birth information;

(b)any record of the information contained in part of a document that is unavailable because of paragraph (a).

(2) This section has limited application in relation to documents delivered before it comes fully into force: see section 1087B.

(3) “Relevant date of birth information” means—

(a)information as to the day of the month (but not the month or year) on which a LLP member (or proposed LLP member) was born;

(b)information as to the day of the month (but not the month or year) on which a registrable person in relation to the LLP was born.

(4) Information about a LLP member (or proposed LLP member) or registrable person does not cease to be relevant date of birth information when they cease to be a LLP member (or proposed LLP member) or registrable person.

(5) Subsection (1)(b) does not affect the availability for public inspection of the same information contained in material derived from a part of a document that was not required to contain the information.

(6) In this section “registrable person”, in relation to an LLP, has the meaning given by section 790C(4).]

1087B [F15Protection of date of birth information in old documents

(1) This section limits the extent to which section 1087A applies in relation to documents delivered to the registrar before that section comes fully into force (“old documents”).

(2) Section 1087A does not apply in relation to any old documents registered before 10 October 2015.

(3) Section 1087A does not apply in relation to any old document that is—

(a)a statement of the proposed members of the proposed LLP delivered under section 2 of the Limited Liability Partnerships Act 2000 in circumstances where the proposed members gave notice of election under section 167A (election to keep information on central register) in respect of the LLP’s register of members when the statement was delivered;

(b)a document delivered by the LLP under section 167D (duty to notify registrar of changes while election in force);

(c)a statement of initial significant control delivered under section 2 of the Limited Liability Partnerships Act 2000 in circumstances where the subscribers wishing to form an LLP gave notice of an election under section 790X in respect of an LLP when the statement was delivered;

(d)a document containing a statement or updated statement delivered by the LLP under section 790X(6)(b) or (7) (statement accompanying notice of election made after incorporation);

(e)a document delivered by the LLP under section 790ZA (duty to notify registrar of changes while election in force).

(4) Section 1087A does not apply in relation to any old document if—

(a)the document is—

(i)a statement of proposed members delivered under section 2 of the Limited Liability Partnerships Act 2000 (Incorporation document etc), or

(ii)notice given under section 9 of the Limited Liability Partnership Act 2000 (registration of membership changes) of a person having become a member of the LLP,

(b)after the delivery of the document an election was made under section 167A in respect of the LLP’s register of members, and

(c)the relevant date of birth information relates to a person who was a members of the LLP when that election took effect.

(5) References in subsections (3)(a) to (e) and (4)(a) to (c) to a provision of this Act are to the provision as it had effect at the time at which the document was delivered (the provisions in question were repealed by the Economic Crime and Corporate Transparency Act 2023).]

1087C. [F15Disclosure of date of birth information

(1) The registrar must not disclose relevant date of birth information except—

(a)in accordance with subsection (2) or (3), or

(b)as permitted by section 1110F (general powers of disclosure by the registrar).

(2) The registrar may disclose relevant date of birth information if the information is made available for public inspection.

(3) The registrar may disclose relevant date of birth information to a credit reference agency (as defined by section 243(6)).

(4) Subsections (2) to (7) of section 243 (permitted disclosure of address information by the registrar) apply for the purposes of subsection (3) as for the purposes of that section (reading references there to protected information as references to relevant date of birth information).

(5) In this section “relevant date of birth information” has the meaning given by section 1087A(3).]

1088. Application to registrar to make address unavailable for public inspection

(1) The provisions of the Companies (Disclosure of Address) Regulations 2009 (S.I. 2009/214) relating to applications to make an address unavailable for inspection under this section apply to LLPs.

(2) The provisions are—

(a)Part 3 (disclosure of protected information),

(b)Part 4 (matters relating to applications), so far as relating to applications to make an address unavailable for inspection under this section, and

(c)any other provisions of the Regulations having effect for the purposes of those provisions.

(3) As those provisions apply to LLPs—

(a)references in the regulations to provisions of the Companies Act 1985 (c. 6) or the Companies (Northern Ireland) Order 1986 (S.I. 1986/1032 (N.I.6)) are to those provisions as applied to LLPs by the Limited Liability Partnerships Regulations 2001 (S.I. 2001/1090) or the Limited Liability Partnerships Regulations (Northern Ireland) 2004 (S.R. (NI) 2004 No 307);

(b)read references to a company as references to an LLP;

(c)read references to a director as references to a member of an LLP;

(d)omit all references to secretaries or permanent representatives;

(e)in regulation 1(2) for the definition of “former name” substitute—

““former name” means a name by which the individual was formerly known and which has been notified to the registrar under section 2 or 9 of the Limited Liability Partnerships Act 2000;”;

[F16(f)in regulation 9, for paragraph (1) substitute—

“(1) Where an individual’s usual residential address is on the register, that individual may make a section 1088 application in respect of that address, where that address was placed on the register in the individual’s capacity as—

(a)a proposed member or member under—

(i)section 2 (incorporation document etc.) or 9 (registration of membership changes) of the Limited Liability Partnerships Act 2000,

(ii)section 2 (incorporation document etc.) or 9 (registration of membership changes) of the Limited Liability Partnerships Act (Northern Ireland) 2002,

(iii)section 288 (register of directors and secretaries) or 363 (duty to deliver annual returns) of the 1985 Act,

(iv)article 296 (register of directors and secretaries) or 371 (duty to deliver annual returns) of the 1986 Order,

(v)section 855 (contents of annual return) or 167D (duty to notify registrar of changes);

(b)a registrable person under—

(i)section 2 of the Limited Liability Partnerships Act 2000 (incorporation document etc.),

(ii)any obligation in Part 21A (information about people with significant control).”]

(g)omit regulation 10.

1089. Form of application for inspection or copy

The registrar may specify the form and manner in which application is to be made for—

(a)inspection under section 1085, or

(b)a copy under section 1086.

1090. Form and manner in which copies to be provided

The registrar may determine the form and manner in which copies are to be provided [F17under section 1086].

1091. Certification of copies as accurate

[F18(1) A copy provided under section 1086 must be certified by the registrar as a true copy if the applicant expressly requests such certification.]

(3) A copy provided under section 1086, certified by the registrar (whose official position it is unnecessary to prove) to be an accurate record of the contents of the original document, is in all legal proceedings admissible in evidence—

(a)as of equal validity with the original document, and

(b)as evidence (in Scotland, sufficient evidence) of any fact stated in the original document of which direct oral evidence would be admissible.

(4) Regulation 2 of the Companies (Registrar, Languages and Trading Disclosures) Regulations 2006 (S.I. 2006/3429) (certification of electronic copies by registrar) applies where the copy is provided in electronic form.

(5) Copies provided by the registrar may, instead of being certified in writing to be an accurate record, be sealed with the registrar's official seal M2.”.

Textual Amendments

F1Words in reg. 66 substituted (4.3.2024) by The Limited Liability Partnerships (Application of Company Law) Regulations 2024 (S.I. 2024/234), regs. 1(2), 30; S.I. 2024/269, reg. 2(a)

F2Words in reg. 66 inserted (4.3.2024) by The Limited Liability Partnerships (Application of Company Law) Regulations 2024 (S.I. 2024/234), regs. 1(2), 31(2)(a); S.I. 2024/269, reg. 2(a)

F3Words in reg. 66 omitted (4.3.2024) by virtue of The Limited Liability Partnerships (Application of Company Law) Regulations 2024 (S.I. 2024/234), regs. 1(2), 31(2)(b); S.I. 2024/269, reg. 2(a)

F4Words in reg. 66 inserted (4.3.2024) by The Limited Liability Partnerships (Application of Company Law) Regulations 2024 (S.I. 2024/234), regs. 1(2), 32(2)(a); S.I. 2024/269, reg. 2(a)

F5Words in reg. 66 inserted (6.4.2016) by The Limited Liability Partnerships (Register of People with Significant Control) Regulations 2016 (S.I. 2016/340), reg. 1(3), Sch. 3 para. 5

F6Words in reg. 66 inserted (4.3.2024) by The Limited Liability Partnerships (Application of Company Law) Regulations 2024 (S.I. 2024/234), regs. 1(2), 32(2)(b); S.I. 2024/269, reg. 2(a)

F7Words in reg. 66 substituted (4.3.2024) by The Limited Liability Partnerships (Application of Company Law) Regulations 2024 (S.I. 2024/234), regs. 1(2), 32(2)(c); S.I. 2024/269, reg. 2(a)

F8Words in reg. 66 inserted (4.3.2024) by The Limited Liability Partnerships (Application of Company Law) Regulations 2024 (S.I. 2024/234), regs. 1(2), 32(2)(d); S.I. 2024/269, reg. 2(a)

F9Words in reg. 66 substituted (4.3.2024) by The Registrar (Annotation, Removal and Disclosure Restrictions) Regulations 2024 (S.I. 2024/54), regs. 1(2)(a), 15; S.I. 2024/269, reg. 2

F10Words in reg. 66 inserted (6.4.2016) by The Companies (Address of Registered Office) Regulations 2016 (S.I. 2016/423), regs. 1(1), 20

F11Words in reg. 66 substituted (4.3.2024) by The Limited Liability Partnerships (Application of Company Law) Regulations 2024 (S.I. 2024/234), regs. 1(2), 32(2)(e); S.I. 2024/269, reg. 2(a)