[F1PART 8U.K.ANNUAL CONFIRMATION BY LLP OF ACCURACY OF INFORMATION ON REGISTER

Textual Amendments

30.  [F2Sections 853A to 853BA] apply to LLPs, modified so that they read as follows—

853A    “Duty to deliver confirmation statements

(1) Every LLP must, before the end of the period of 14 days after the end of each review period, deliver to the registrar—

(a)such information as is necessary to ensure that the LLP is able to make the statement referred to in paragraph (b), and

[F3(b) a statement (“a confirmation statement”) confirming—

(i)that the LLP has delivered to the registrar, or is delivering to the registrar at the same time as the confirmation statement, all of the information that it is required to deliver in relation to the confirmation period concerned under any duty to notify a relevant event (see section 853B), and

(ii)that the LLP is delivering to the registrar at the same time as the confirmation statement any information that it is required to deliver by virtue of a duty imposed by any of sections 853BA, 853CA and 853CB.]

F4(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) In this Part “confirmation period”—

(a)in relation to an LLP’s first confirmation statement, means the period beginning with the day of the LLP’s incorporation and ending with the date specified in the statement (“confirmation date”);

(b)in relation to any other confirmation statement of the LLP, means the period beginning with the day after the confirmation date of the last such statement and ending with the confirmation date of the confirmation statement concerned.

(4) The confirmation date of a confirmation statement must be no later than the last day of the review period concerned.

(5) For the purposes of this Part, each of the following is a review period—

(a)the period of 12 months beginning with the day of the LLP’s incorporation,

(b)each period of 12 months beginning with the day after the end of the previous review period.

(6) But where an LLP delivers a confirmation statement with a confirmation date which is earlier than the last day of the review period concerned, the next review period is the period of 12 months beginning with the day after the confirmation date.

[F5(7)  For the purpose of making a confirmation statement an LLP is entitled to assume that information that has been delivered to the registrar has been properly delivered unless the registrar has notified the LLP otherwise.]

853B    Duty to notify a relevant event

The following duties are duties to notify a relevant event—

F6(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)in the case of an LLP in respect of which an election is in force under section 167A (election to keep the register of members or the register of members’ residential addresses (or both) on the central register), the duty to deliver anything as mentioned in section 167D;

[F7(ba)in the case of an LLP to which Part 21A (information about people with significant control) applies, and in respect of which an election is not in force under section 790X (election to keep information in PSC register on central register), the duty to give notice of a change as mentioned in section 790VA (notification to the registrar of changes to the LLP’s PSC register);]

(c)in the case of an LLP in respect of which an election is in force under section 790X (election to keep information in PSC register on central register), the duty to deliver anything as mentioned in section 790ZA;

(d)the duty to give notice of a change under section 9 (registration of membership changes) of the Limited Liability Partnerships Act 2000 (in the absence of an election under section 167A); and

(e)in the case of an LLP which, in accordance with regulations under section 1136 (where certain LLP records to be kept available for inspection), keeps any LLP records at a place other than its registered office, any duty under the regulations to give notice of a change of address of that place.

853BA.     [F8Duty to confirm lawful purposes

Where an LLP makes a confirmation statement it must at the same time deliver to the registrar a statement that the intended future activities of the LLP are lawful.”].

Textual Amendments

[F9Duty to notify a change in registered office and email addressU.K.

30A.  Sections 853CA and 853CB apply to LLPs, modified so that they read as follows—

853CA.    “Duty to notify a change in registered office

(1) This section applies where—

(a)an LLP makes a confirmation statement,

(b)the LLP’s registered office is not at an appropriate address within the meaning given by section 2(5) of the Limited Liability Partnerships Act 2000, and

(c)the LLP has not given a notice under section 87 (change of registered office), that is awaiting registration by the registrar.

(2) The LLP must deliver a notice under section 87 at the same time as it delivers the confirmation statement.

853CB.    Duty to notify a change in registered email address

(1) This section applies where—

(a)an LLP makes a confirmation statement,

(b)the LLP’s registered email address is not an appropriate email address within the meaning given by section 2(5) of the Limited Liability Partnerships Act 2000, and

(c)the LLP has not given a notice under section 88B (change of registered email address), that is awaiting registration by the registrar.

(2) The LLP must deliver a notice under section 88B, at the same time as it delivers the confirmation statement.”]

Textual Amendments

F10[F931.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

Textual Amendments

31ZA.  Section 853L applies to LLPs, modified so that it reads as follows—U.K.

853L    “Failure to deliver confirmation statement

(1) If an LLP fails to deliver a confirmation statement before the end of the period of 14 days after the end of a review period an offence is committed by—

(a)the LLP, and

(b)every designated member of the LLP [F11who is in default].

(2) A person guilty of an offence under subsection (1) is liable on summary conviction—

(a)in England and Wales to a fine, and, for continued contravention, a daily default fine not exceeding the greater of £500 and one-tenth of level 4 on the standard scale;

(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.

(3) The contravention continues until such time as a confirmation statement specifying a confirmation date no later than the last day of the review period concerned is delivered by the LLP to the registrar.

F12(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) In the case of continued contravention, an offence is also committed by a designated member who did not commit an offence under subsection (1) in relation to the initial contravention but who is in default in relation to the continued contravention.

(6) A person guilty of an offence under subsection (5) is liable on summary conviction—

(a)in England and Wales to a fine not exceeding the greater of £500 and one-tenth of level 4 on the standard scale for each day on which the contravention continues and the person is in default;

(b)in Scotland or Northern Ireland, to a fine not exceeding level 5 on the standard scale for each day on which the contravention continues and the person is in default.”]]

Textual Amendments