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

LLP records U.K.

74.  Sections 1134 to 1138 apply to LLPs, modified so that they read as follows—

“1134.    Meaning of “LLP records”

In this Part “LLP records” means—

(a) any register, index, accounting records, agreement, memorandum, minutes or other document required by this Act to be kept by an LLP, and

(b) any register kept by an LLP of its debenture holders.

1135.    Form of LLP records

(1) LLP records—

(a) may be kept in hard copy or electronic form, and

(b) may be arranged in such manner as the members of the LLP think fit,

provided the information in question is adequately recorded for future reference.

(2) Where the records are kept in electronic form, they must be capable of being reproduced in hard copy form.

(3) If an LLP fails to comply with this section, an offence is committed by every member of the LLP who is in default.

(4) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale and, for continued contravention, a daily default fine not exceeding one-tenth of level 3 on the standard scale.

1136.    Where certain LLP records to be kept available for inspection

(1) The provisions of the Companies (Company Records) Regulations 2008 (S.I. 2008/3006) relating to places other than the registered office at which records required to be kept available for inspection under a relevant provision may be so kept in compliance with that provision apply to LLPs.

(2) The “relevant provisions” are—

• section 162 (register of members);

• section 743 (register of debenture holders);

• [F1 section 790M (register of people with significant control over an LLP);

• section 790Z (historic PSC register);]

• [F2 section 859Q (instruments creating charges)].

(3) The provisions applied by subsection (1) are—

(a) regulation 3, and

(b) any other provision of the regulations having effect for the purposes of that provision.

(4) In the application of those provisions to LLPs for “company” substitute “LLP”.

1137.    Inspection of records and provision of copies

(1) The provisions of the Companies (Company Records) Regulations 2008 (S.I. 2008/3006) as to the obligations of an LLP that is required by any provision of this Act or of the Limited Liability Partnerships Act 2000 (c. 12)—

(a) to keep available for inspection any LLP records, or

(b) to provide copies of any LLP records,

apply to LLPs.

(2) Those provisions are—

(a) Part 3 (inspection of records),

(b) Part 4 (provision of copies of records), and

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

(3) As those provisions apply to LLPs—

(a) for “a company” or “the company” substitute “an LLP” or “the LLP”;

(b) for “company record” substitute “LLP record”;

(c) in regulation 4 (inspection: private company)—

(i) for the reference in paragraph (1) to a private company substitute a reference to an LLP,

(ii) for sub-paragraph (b) substitute—

“(b) that person gives the LLP at least 10 working days' notice of the specified day.”;

(d) omit paragraphs (2) and (3); and

(e) omit regulation 5 (inspection: public company).

(4) An LLP that fails to comply with the regulations is treated as having refused inspection or, as the case may be, having failed to provide a copy.

(5) Nothing in any provision of this Act or in the regulations shall be read as preventing an LLP—

(a) from affording more extensive facilities than are required by the regulations, or

(b) where a fee may be charged, from charging a lesser fee than that prescribed or none at all.

1138.    Duty to take precautions against falsification

(1) Where LLP records are kept otherwise than in bound books, adequate precautions must be taken—

(a) to guard against falsification, and

(b) to facilitate the discovery of falsification.

(2) If an LLP fails to comply with this section, an offence is committed by every member of the LLP who is in default.

(3) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale and, for continued contravention, a daily default fine not exceeding one-tenth of level 3 on the standard scale.”.

Textual Amendments

F1 Words in reg. 74 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. 7

F2 Words in reg. 74 substituted (6.4.2013) by The Limited Liability Partnerships (Application of Companies Act 2006) (Amendment) Regulations 2013 (S.I. 2013/618), regs. 1(2), 7 (with reg. 8(4))