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

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[F1Power of court to rectify an LLP’s PSC registerU.K.

This section has no associated Explanatory Memorandum

31J.  Section 790V applies to LLPs, modified so that it reads as follows—

790V.    Power of court to rectify register

(1) If—

(a)the name of any person is, without sufficient cause, entered in or omitted from an LLP’s PSC register as a registrable person or registrable relevant legal entity, or

(b)default is made or unnecessary delay takes place in entering on the PSC register the fact that a person has ceased to be a registrable person or registrable relevant legal entity,

the person aggrieved or any other interested party may apply to the court for rectification of the register.

(2) The court may either refuse the application or may order rectification of the register and payment by the LLP of any damages sustained by any party aggrieved.

(3) On such an application, the court may—

(a)decide any question as to whether the name of any person who is a party to the application should or should not be entered in or omitted from the register, and

(b)more generally, decide any question necessary or expedient to be decided for rectification of the register.

(4) In the case of an LLP required by this Act to send information stated in its PSC register to the registrar, the court, when making an order for rectification of the register, must by its order direct notice of the rectification to be given to the registrar.

(5) The reference in this section to “any other interested party” is to—

(a)any member of the LLP, and

(b)any other person who is a registrable person or a registrable relevant legal entity in relation to the LLP.]

Textual Amendments

F1Pt. 8A inserted (6.4.2016 except paras. 31E and 31K for specified purposes which come into force otherwise at 30.6.2016) by The Limited Liability Partnerships (Register of People with Significant Control) Regulations 2016 (S.I. 2016/340), reg. 1(2)(3), Sch. 1

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