The Companies and Limited Liability Partnerships (Filing Requirements) Regulations 2015

Amendment to the Limited Liability Partnerships (Application of Companies Act 2006) Regulations 2009

6.—(1) Regulation 66 is amended as follows.

(2) In section 1087 of the Companies Act 2006, as applied with modifications by regulation 66, after paragraph (e) insert—

“(ea) information falling within section 1087A(1) (information about a person’s date of birth);”

(3) After section 1087 of the Companies Act 2006, as applied with modifications by regulation 66, insert—

“1087A    Information about a person’s date of birth

(1) Information falls within this subsection at any time (“the relevant time”) if—

(a) it is DOB information,

(b) it is contained in a document delivered to the registrar that is protected at the relevant time as regards that information,

(c) the document is one in which such information is required to be stated, and

(d) if the document has more than one part, the part in which the information is contained is a part in which such information is required to be stated.

(2) “DOB information” is information as to the day of the month (but not the month or year) on which a relevant person was born.

(3) A “relevant person” is an individual who is an LLP member.

(4) A document delivered to the registrar is “protected” at any time unless it was registered before this section comes into force.

(5) Information about a person does not cease to fall within paragraph (1) when he or she ceases to be a relevant person and, to that extent, references in this section to a relevant person include someone who used to be a relevant person.

(6) Nothing in paragraph (1) obliges the registrar to check other documents or (as the case may be) other parts of the document to ensure the absence of DOB information.

1087B    Disclosure of DOB information

(1) The registrar must not disclose restricted DOB information unless—

(a) the same information about the relevant person (whether in the same or a different capacity) is made available by the registrar for public inspection as a result of being contained in another description of document in relation to which no restriction under section 1087 applies (see subsection (2) of that section), or

(b) disclosure of the information by the registrar is permitted by subsection (2) or another provision of this Act.

(2) The registrar may disclose restricted DOB information—

(a) to a public authority specified for the purposes of this subsection by regulations made by the Secretary of State, or

(b) to a credit reference agency.

(3) (a) The provisions of The Companies (Disclosure of Date of Birth Information) Regulations 2015 (S.I. 2015/1694) apply to LLPs.

(b) As those provisions apply to LLPs—

(i) read references to protected information as references to restricted DOB information.

(ii) 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);

(iii) read references to a company as references to an LLP or proposed LLP;

(iv) read references to a director as references to a member of an LLP.

(4) “Restricted DOB information” means information falling within section 1087A(1).”.