PART 5U.K.AN LLP'S MEMBERS

CHAPTER 2U.K.MEMBERS' RESIDENTIAL ADDRESSES: PROTECTION FROM DISCLOSURE

Members' residential addresses: protection from disclosureU.K.

19.  Sections 240 to 246 apply to LLPs, modified so that they read as follows—

“Protected information

240.—(1) This Chapter makes provision for protecting, in the case of an LLP member who is an individual—

(a)information as to his usual residential address;

(b)the information that his service address is his usual residential address.

(2) That information is referred to in this Chapter as “protected information”.

(3) Information does not cease to be protected information on the individual ceasing to be a member of the LLP. References in this Chapter to a member include, to that extent, a former member.

Protected information: restriction on use or disclosure by LLP

241.—(1) An LLP must not use or disclose protected information about any of its members, except—

(a)for communicating with the member concerned,

(b)in order to comply with any requirement of this Act or of the Limited Liability Partnerships Act 2000 (c. 12) as to particulars to be sent to the registrar, or

(c)in accordance with section 244 (disclosure under court order).

(2) Subsection (1) does not prohibit any use or disclosure of protected information with the consent of the member concerned.

[F1(3) If an LLP uses or discloses information in contravention of subsection (1), an offence is committed by—

(a)the LLP, and

(b)every designated member of the LLP who is in default.

(4) A person guilty of an offence under this section is liable on summary conviction—

(a)in England and Wales, to a fine;

(b)in Scotland or Northern Ireland, to a fine not exceeding level 5 on the standard scale and, for continued contravention, a daily default fine not exceeding one-tenth of level 5 on the standard scale.]

Protected information: restriction on F2... disclosure by registrar

242.—(1) The registrar must omit protected information from the material on the register that is available for inspection where—

(a)it is contained in a document delivered to him in which such information is required to be stated, and

(b)in the case of a document having more than one part, it is contained in a part of the document in which such information is required to be stated.

(2) The registrar is not obliged—

(a)to check other documents or (as the case may be) other parts of the document to ensure the absence of protected information, or

(b)to omit from the material that is available for public inspection anything registered before 1st October 2009.

(3) The registrar must not F3... disclose protected information except—

(a)as permitted by section 243 (permitted F3... disclosure by registrar), F4...

(b)in accordance with section 244 (disclosure under court order)[F5, or

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

Permitted use or disclosure by the registrar

243.—(1) The registrar may use protected information for communicating with the member in question.

[F6(2)  The registrar may disclose protected information to a credit reference agency.]

(3) The provisions of the Companies (Disclosure of Address) Regulations 2009 (S.I. 2009/214) relating to disclosure of protected information under this section apply to LLPs.

(4) The provisions are—

(a)Part 2 (disclosure of protected information),

(b)Part 4 (matters relating to applications), so far as relating to disclosure under this section, and

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

(5) As those provisions apply to LLPs—

(a)references to provisions of the Companies Act 1985 (c. 6), the Insolvency Act 1986 (c. 45), the Companies (Northern Ireland) Order 1986 (S.I. 1986/1032 (N.I.6)) or the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I.9)) 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 or proposed company as references to an LLP or proposed LLP;

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

(d)read references to a subscriber to a memorandum of association as references to a proposed member of a proposed LLP;

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

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

[F7(f)in regulation 5(2)(a), for the words after “will be subjected to violence or intimidation as a result of the activities of at least one of” substitute—

“(i)the companies of which he is, or proposes to become, a director;

(ii)the companies of which he was a director;

(iii)the overseas companies of which he is or has been a director, secretary or permanent representative;

(iv)the limited liability partnerships of which he is or has been a member;

(v)the limited liability partnerships of which he proposes to become a member;

(vi)the companies of which he is, or proposes to become a registrable person under Part 21A of the Act;

(vii)the companies of which he used to be a registrable person under Part 21A of the Act;

(viii)the limited liability partnerships of which that individual is, or proposes to become a registrable person under Part 21A of the Act as applied to limited liability partnerships by Part 8 of these Regulations; and

(ix)the limited liability partnerships of which that individual used to be a registrable person under Part 21A of the Act as applied to limited liability partnerships by Part 8 of these Regulations.”.]

(6) In this section—

“credit reference agency” means a person carrying on a business comprising the furnishing of information relevant to the financial standing of individuals, being information collected by the agency for that purpose; F8...

F9...

Disclosure under court order

244.—(1) The court may make an order for the disclosure of protected information by the LLP or by the registrar if—

(a)there is evidence that service of documents at a service address other than the member's usual residential address is not effective to bring them to the notice of the member, or

(b)it is necessary or expedient for the information to be provided in connection with the enforcement of an order or decree of the court,

and the court is otherwise satisfied that it is appropriate to make the order.

(2) An order for disclosure by the registrar is to be made only if the LLP—

(a)does not have the member's usual residential address, or

(b)has been dissolved.

(3) The order may be made on the application of a liquidator, creditor or member of the LLP, or any other person appearing to the court to have a sufficient interest.

(4) The order must specify the persons to whom, and purposes for which, disclosure is authorised.

Circumstances in which registrar may put address on the public record

245.—(1) The registrar may put a member's usual residential address on the public record if—

(a)communications sent by the registrar to the member and requiring a response within a specified period remain unanswered, or

(b)there is evidence that service of documents at a service address provided in place of the member's usual residential address is not effective to bring them to the notice of the member.

(2) The registrar must give notice of the proposal—

(a)to the member, and

(b)to every LLP of which the registrar has been notified that the individual is a member.

(3) The notice must—

(a)state the grounds on which it is proposed to put the member's usual residential address on the public record, and

(b)specify a period within which representations may be made before that is done.

(4) It must be sent to the member at his usual residential address, unless it appears to the registrar that service at that address may be ineffective to bring it to the individual's notice, in which case it may be sent to any service address provided in place of that address.

(5) The registrar must take account of any representations received within the specified period.

(6) What is meant by putting the address on the public record is explained in section 246.

Putting the address on the public record

[F10246.—( 1) If the registrar decides in accordance with section 245 that a member‘s usual residential address is to be put on the public record, the registrar must proceed as if each relevant LLP had given notice under section 167H—

(a)stating a change in the member’s service address, and

(b)stating the member’s usual residential address as their new service address.

(2) The registrar must give notice of having done so—

(a)to the member, and

(b)to every relevant LLP.

(3) The notice must state the date of the registrar’s decision to put the member’s usual residential address on the public record.

(4) Where a member’s usual residential address has been put on the public record by the registrar under this section, for the period of five years beginning with the date of the registrar’s decision no service address may be registered for the member other than their usual residential address (but see subsection (5)).

(5) Subsection (4)—

(a)does not limit the service address that may be registered for the member under regulations under section 1097B (rectification of register), and

(b)ceases to apply in relation to the member if a new service address is registered for the member under those regulations.

(6) In this section “relevant LLP” means each LLP given notice under section 245(2)(b).”].

Textual Amendments