The Limited Liability Partnerships (Amendment etc.) Regulations 2020

This section has no associated Explanatory Memorandum

2.  Before the entry relating to section 1 insert—

Section A3 (obtaining a moratorium by filing or lodging documents at court)(1)
subsection (1)Omit paragraph (b) and the “and” preceding it.
subsection (2)For “directors” substitute “designated members”.
Section A4 (obtaining a moratorium for company subject to winding-up petition)
subsection (2)For “directors” substitute “designated members”.
Section A5 (obtaining a moratorium for other overseas companies)Omit.
Section A6 (the relevant documents)
subsection (1)In paragraph (a) for “directors wish” substitute “limited liability partnership wishes”.
In paragraph (d) for “directors” substitute “designated members”.
Section A7 (beginning of moratorium and appointment of monitor)
subsection (1)Omit paragraph (c).
Section A8 (obligations to notify where moratorium comes into force)
subsection (1)For “directors” substitute “designated members”.
subsection (4)For “directors” substitute “designated members”, and for “director” substitute “designated member”.
Section A10 (extension by directors without creditor consent)
subsection (1)In the words before paragraph (a) for “directors” substitute “designated members”.
In paragraph (a) for “directors wish” substitute “limited liability partnership wishes”.
In paragraph (b) for “directors” substitute “designated members”.
In paragraph (c) for “directors” substitute “designated members”.
Section A11 (extension by directors with creditor consent)
subsection (1)In the words before paragraph (a) for “directors” substitute “designated members”.
In paragraph (a) for “directors wish” substitute “limited liability partnership wishes”.
In paragraph (b) for “directors” substitute “designated members”.
In paragraph (c) for “directors” substitute “designated members”.
In paragraph (e) for “directors” substitute “designated members”.
Section A13 (extension by court on application of directors)
subsection (1)For “directors” substitute “designated members”.
subsection (2)In paragraph (a) for “directors” substitute “designated members”.
In paragraph (b) for “directors” substitute “designated members”.
In paragraph (c) for “directors” substitute “designated members”.
Section A14 (extension while proposal for CVA pending)
subsection (1)In paragraph (a) for “directors make” substitute “limited liability partnership makes”.
subsection (3)In paragraph (a) for “company and its creditors both” substitute “creditors of the limited liability partnership”.
Omit paragraph (b).
Section A17 (obligations to notify change in end of moratorium)
subsection (1)For “directors of a company” substitute “designated members of a limited liability partnership”.
In the table, for the heading of the third column substitute “the designated members must”.
subsection (6)For “directors” substitute “designated members”, and for “director” substitute “designated member”.
Section A20 (restrictions on insolvency proceedings etc)
subsection (1)In paragraph (a) for “directors” substitute “limited liability partnership”.
Omit paragraphs (b) and (c).
In paragraph (d) for “directors” substitute “limited liability partnership”.
In paragraph (e) for “directors” substitute “limited liability partnership”.
In paragraph (f) omit “or 22(1)”.
In paragraph (g) omit “or 22(1)”.
Section A24 (duty of directors to notify monitor of insolvency proceedings etc)
subsection (1)For “directors of a company must notify the monitor before taking” substitute “designated members of a limited liability partnership must notify the monitor before the limited liability partnership takes”.
In paragraph (c) substitute “22” for “22(2)”.
subsection (2)Omit.
subsection (3)Omit “or (2)”.
subsection (4)

For subsection (4) substitute—

“(4) If the designated members fail to comply with subsection (1), any designated member who did not have a reasonable excuse for the failure commits an offence.”

Section A31 (disposal of charged property free from charge)
subsection (7)For “directors” substitute “designated members”.
subsection (8)For “directors” substitute “designated members”, and for “director” substitute “designated member”.
Section A32 (disposal of hire-purchase property)
subsection (5)For “directors” substitute “designated members”.
subsection (6)For “directors” substitute “designated members”, and for “director” substitute “designated member”.
Section A36 (provision of information to monitor)
subsection (1)For “directors” substitute “designated members”.
subsection (2)For “directors” substitute “designated members”.
Section A38 (termination of moratorium by monitor)
subsection (1)In paragraph (c) for “directors” substitute “designated members”.
Section A39 (replacement of monitor or appointment of additional monitor)
subsection (3)For “directors” substitute “designated members”.
Section A42 (challenge to monitor’s actions)
subsection (2)In paragraph (a) omit “, director”.
Section A44 (challenge to directors’ actions)
subsection (1)

In the text before paragraph (a) omit “or member”.

In paragraph (a), omit “or members” in both places where it appears.

Section A48 (prosecution of delinquent officers of company)
subsection (3)Omit paragraph (c) and the “and” preceding it.
Section A49 (regulated companies: modifications to this Part)
subsection (4)For “directors” substitute “designated members”.
subsection (5)For “directors” substitute “designated members”, and for “director” substitute “designated member”..
(1)

Part A1 was inserted by section 1 of the 2020 Act.