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The Limited Liability Partnerships (Application of Companies Act 2006) Regulations 2009
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- UK Statutory Instruments
- 2009 No. 1804
- PART 16
- Regulation 70
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Changes to legislation:
The Limited Liability Partnerships (Application of Companies Act 2006) Regulations 2009, Section 70 is up to date with all changes known to be in force on or before 05 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to Regulation 70:
- reg. 17ZC(a)(i) word substituted by S.I. 2024/1078 reg. 4(a)
- reg. 17ZC(a)(ii) words omitted by S.I. 2024/1078 reg. 4(b)
- reg. 17ZC(b)(i) word substituted by S.I. 2024/1078 reg. 4(a)
- reg. 17ZC(b)(ii) words omitted by S.I. 2024/1078 reg. 4(b)
- reg. 50A inserted by S.I. 2024/1078 reg. 5
Changes and effects yet to be applied to the whole Instrument associated Parts and Chapters:
Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):
- reg. 17ZC(a)(i) word substituted by S.I. 2024/1078 reg. 4(a)
- reg. 17ZC(a)(ii) words omitted by S.I. 2024/1078 reg. 4(b)
- reg. 17ZC(b)(i) word substituted by S.I. 2024/1078 reg. 4(a)
- reg. 17ZC(b)(ii) words omitted by S.I. 2024/1078 reg. 4(b)
- reg. 50A inserted by S.I. 2024/1078 reg. 5
Liability of member in defaultU.K.
This section has no associated Explanatory Memorandum
70. Sections 1121 and 1122 apply to LLPs for the purposes of these Regulations, modified so that they read as follows—
“Liability of member in default
1121.—(1) This section has effect for the purposes of any provision of the Companies Acts to the effect that, in the event of contravention of an enactment in relation to an LLP, an offence is committed by every member or, as the case may be, every designated member of the LLP who is in default.
(2) A member or designated member is “in default” for the purposes of the provision if he authorises or permits, participates in, or fails to take all reasonable steps to prevent, the contravention.
Liability of company or LLP as member in default
1122.—(1) Where a company or an LLP is a member or designated member of an LLP, it does not commit an offence as a member or designated member in default unless (in the case of a company) one of its officers is in default, or (in the case of a member LLP) one of its members is in default.
(2) Where any such offence is committed by a company or LLP the officer or member in question also commits the offence and is liable to be proceeded against and punished accordingly.
(3) In this section an officer or member is “in default” for the purposes of the provision if he authorises or permits, participates in, or fails to take all reasonable steps to prevent, the contravention.”.
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