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

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Provision of misleading information etcU.K.

This section has no associated Explanatory Memorandum

13.  Sections 75 and 76 apply to LLPs, modified so that they read as follows—

“Provision of misleading information etc

75.—(1) If it appears to the Secretary of State—

(a)that misleading information has been given for the purposes of an LLP's registration by a particular name, or

(b)that an undertaking or assurance has been given for that purpose and has not been fulfilled,

the Secretary of State may direct the LLP to change its name.

(2) Any such direction—

(a)must be given within five years of the LLP's registration by that name, and

(b)must specify the period within which the LLP is to change its name.

[F1(2A) The period must be at least 28 days beginning with the date of the direction.]

(3) The Secretary of State may by a further direction extend the period within which the LLP is to change its name. Any such direction must be given before the end of the period for the time being specified.

(4) A direction under this section must be in writing.

[F2(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.]

(5) If an LLP fails to comply with a direction under this section, an offence is committed by—

(a)the LLP, and

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

(6) 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.

Misleading indication of activities

76.—(1) If in the opinion of the Secretary of State the name by which an LLP is registered gives so misleading an indication of the nature of its activities as to [F3pose a risk of harm to the public in the United Kingdom or elsewhere], the Secretary of State may direct the LLP to change its name.

[F4(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.]

[F4(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.]

[F5(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.]

(5) The court may set the direction aside or confirm it. If the direction is confirmed, the court shall specify the period within which the direction is to be complied with.

[F6(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.]

[F7(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.]

(6) If an LLP fails to comply with a direction under [F8subsection (1)], an offence is committed by—

(a)the LLP, and

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

(7) 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.”.

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