The Limited Liability Partnerships (Application of Company Law) Regulations 2024

Other powers of the Secretary of State and the registrar

11.—(1) In the heading of Chapter 3 of Part 3 (other powers of the Secretary of State), after “Secretary of State” insert “and the registrar”.

(2) Regulation 13 (provision of misleading information etc) is amended as follows.

(3) In section 75 of the 2006 Act(1) (provision of misleading information etc), as applied to LLPs by that regulation—

(a) after subsection (2) insert—

“(2A) The period must be at least 28 days beginning with the date of the direction.”;

(b) after subsection (4) insert—

“(4A) Where a direction is given under subsection (1), the registrar may omit from the material on the register that is available for public inspection any mention of the name to which the direction relates.”.

(4) In section 76 of the 2006 Act(2) (misleading indication of activities), as applied to LLPs by that regulation—

(a) in subsection (1), for “be likely to cause harm to the public” substitute “pose a risk of harm to the public in the United Kingdom or elsewhere”;

(b) for subsections (2) and (3) substitute—

“(2) The direction must be in writing and must specify the period within which the LLP is to change its name.

(2A) The period must be a period of at least 28 days beginning with the date of the direction.

(3) The Secretary of State may by further direction in writing extend the period. Any such direction must be given before the end of the period for the time being specified.”;

(c) for subsection (4) substitute—

“(4) An LLP may apply to the court to set aside a direction under subsection (1).

(4A) Any application under subsection (4) must be made within the period of three weeks beginning with the date of the direction.”;

(d) after subsection (5) insert—

“(5A) If an LLP applies to the court under subsection (4) to set aside a direction, it is not required to comply with the direction while the proceedings are ongoing.”;

(e) after subsection (5A) (as inserted by paragraph (d)) insert—

“(5B) Where a direction is given under subsection (1), the registrar may omit from the material on the register that is available for public inspection any mention of the name to which the direction relates.”;

(f) in subsection (6), for “this section” substitute “subsection (1)”.

(1)

Section 69 of the 2006 Act was amended by sections 13 and 14 of the 2023 Act.

(2)

Section 67 of the 2006 Act was amended by section 13, 14 and 16 of the Economic Crime and Corporate Transparency Act 2023.