The Limited Liability Partnerships (Application of Company Law) Regulations 2024
UK Statutory Instrument 2024 No. 234 — creates 12 criminal offences.
- Made
- 29 February 2024
- In force from
- Not determined
- Extent
- Not stated
- Subject
- Corporate, financial services, company law, employment, charity, electoral and tax
- Made under
- Limited Liability Partnerships Act 2000
Explanatory note
(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.
The Limited Liability Partnerships Act 2000 (c. 12), provides for the creation of limited liability partnerships (“LLPs”) and for the making of regulations concerning them. These Regulations amend provisions of the Limited Liability Partnerships (Application of Companies Act 2006) Regulations 2009 (S.I. 2009/1804, “2009 Regulations”) which apply to LLPs provisions of the Companies Act 2006 (c. 46) (“the 2006 Act”). The 2006 Act was significantly amended by the Economic Crime and Corporate Transparency Act 2023 (“the 2023 Act”). These Regulations introduce new provisions into the 2009 Regulations which apply provisions of the 2006 Act and the 2023 Act, as well as modifying the 2009 Regulations’ application of certain the 2006 Act’s provisions, so they apply to LLPs. Part 1 of the Regulations contains general introductory provisions on citation, commencement and interpretation. The Regulations come into force when section 1 (the registrar’s objectives) of the 2023 Act comes into force. Part 2 of the Regulations amends the Limited Liability Partnerships Act 2000. Changes in regulation 3 and 4 are consequential and supplemental to changes introduced by regulations 16 and 14. Part 3 of the Regulations amends the 2009 Regulations. Chapter 1 of this Part contains general introductory provisions. Chapter 2 amends Part 3 of the 2009 Regulations (an LLP’s name) applying some provisions of Part 5 of the 2006 Act (a company’s name) to LLPs. Chapter 3 amends Part 4 of the 2009 Regulations (an LLP’s registered office) applying provisions of Part 6 of the 2006 Act (a company’s registered office and email address) to LLPs. Chapter 4 amends Part 5 of the 2009 Regulations (an LLP’s members) applying some provisions of Chapters 1 and 8 of Part 10 of the 2006 Act (a company’s directors) to LLPs. Chapter 5 amends Part 8 of the 2009 Regulations (an LLP’s annual return) applying some provisions of Part 24 of the 2006 Act (annual confirmation of accuracy of information on register) to LLPs. Chapter 6 introduces an amendment to Part 8A of the 2009 Regulations (an LLP’s register of people with significant control) applying provisions of Part 21A of the 2006 Act (information about people with significant control) to LLPs. Chapter 7 amends Part 13 of the 2009 Regulations (dissolution and restoration to the register) applying some provisions of Part 31 of the 2006 Act (dissolution and restoration to the register) to LLPs. Chapter 8 amends Part 15 of the 2009 Regulations (the registrar of companies) applying some provisions of Part 31 of the 2006 Act (the registrar of companies) to LLPs. Chapter 9 inserts a new regulation 79A into the 2009 Regulations, applying some provisions of Part 41 of the 2006 Act (business names) to LLPs. No impact assessment has been prepared in connection with these Regulations.
Offences created by this instrument
- It is an offence for a person, without reasonable excuse, to— a deliver or cause to be delivered to the registrar, for… regulation 1112(1) · Status not determined · Strict liability
- It is an offence for a person knowingly to— a deliver or cause to be delivered to the registrar, for any relevant… regulation 1112A(1) · Status not determined · Requires proof of a state of mind
- Name that an LLP has been required to change regulation 1198A(3) · Status not determined · Strict liability
- Duty to remove disqualified members regulation 169A(4) · Status not determined · Strict liability
- In section 241 of the 2006 Act (protected information: restriction on use or disclosure by LLP), as applied to LLPs by… regulation 20(2) · Status not determined · Strict liability
- For section 1112 of the 2006 Act, as applied to LLPs by that regulations, insert— False statements: basic offence 1112… regulation 42(3) · Status not determined · Strict liability
- False statements: aggravated offence 1112A 1 It is an offence for a person knowingly to— a deliver or cause to be… regulation 42(4) · Status not determined · Requires proof of a state of mind
- Power to direct change of name used for criminal purposes regulation 76A(10) · Status not determined · Strict liability
- Exceptions based on national security etc regulation 76E(2) · Status not determined · Strict liability
- Exceptions based on national security etc regulation 76E(2)(b) · Status not determined · Strict liability
- Exceptions based on national security etc regulation 76E(2)(b)(i) · Status not determined · Strict liability
- Duty to ensure registered office at appropriate address regulation 86(2) · Status not determined · Strict liability
What Parliament said about it
Contributions, debates and written statements mentioning this instrument by name. Parliamentary material is reused under the Open Parliament Licence v3.0.
- Limited Liability Partnerships (Application of Company Law) Regulations 2024 Lords · Grand Committee · 19 February 2024
- Draft Limited Liability Partnerships (Application of Company Law) Regulations 2024 Draft Service Address (Rectification of Register) Regulations 2024 Draft Principal Office Address (Rectification of Register) Regulations 2024 Draft Registered Office Address (Rectification of Register) Regulations 2024
Commons · General Committees · 26 February 2024 · Justin Madders (Ellesmere Port and Neston) (Lab)
It is a pleasure to see you in the Chair this evening, Mrs Murray. I thank the Minister for his opening remarks and, indeed, for his work in this policy area over many years. I would hesitate to describe him as an expert in economic crime, but he is clearly someone one who has a long record of tackling economic crime, and today we see the fruits of his labour. I also thank hon. Members for attending this evening. As the Minister said, the regulations all derive from the Economic Crime and Corporate Transparency Act 2023, which received Royal Assent in October. Each set of regulations under…
- Draft Limited Liability Partnerships (Application of Company Law) Regulations 2024 Draft Service Address (Rectification of Register) Regulations 2024 Draft Principal Office Address (Rectification of Register) Regulations 2024 Draft Registered Office Address (Rectification of Register) Regulations 2024
Commons · General Committees · 26 February 2024 · Kevin Hollinrake
Thank you, Mrs Murray. I would love to respond to that point, but clearly I would be told I was out of order by the Chair if I did so. To be clear on limited partnerships, I think the hon. Member for Glenrothes mentioned Scottish LLPs, but I think I am right in saying that he meant Scottish limited partnerships. There is a distinction between English, Welsh, Northern Irish and Scottish limited partnerships. The main difference between them is that SLPs have their own legal personality, separate from the partners in them, while English LPs do not. Unlike English and Welsh LPs, SLPs are…
- Draft Limited Liability Partnerships (Application of Company Law) Regulations 2024 Draft Service Address (Rectification of Register) Regulations 2024 Draft Principal Office Address (Rectification of Register) Regulations 2024 Draft Registered Office Address (Rectification of Register) Regulations 2024
Commons · General Committees · 26 February 2024 · Kevin Hollinrake
I pay tribute to the hon. Gentleman’s work in this policy area and on the particular case he referred to. Some of the sanctions available under the 2023 Act include custodial sentences, of course, which I think he would welcome. There is no official totting-up system as he describes it, but the Insolvency Service, for example, can take a number of different offences into account in judging whether somebody is fit to be a director in the UK. Nevertheless, the hon. Gentleman raises an important issue and I am happy to have a conversation with him offline to see what else might be done. We have…
- Draft Limited Liability Partnerships (Application of Company Law) Regulations 2024 Draft Service Address (Rectification of Register) Regulations 2024 Draft Principal Office Address (Rectification of Register) Regulations 2024 Draft Registered Office Address (Rectification of Register) Regulations 2024 Commons · General Committees · 26 February 2024
- Draft Limited Liability Partnerships (Application of Company Law) Regulations 2024 Draft Service Address (Rectification of Register) Regulations 2024 Draft Principal Office Address (Rectification of Register) Regulations 2024 Draft Registered Office Address (Rectification of Register) Regulations 2024
Commons · General Committees · 26 February 2024 · The Parliamentary Under-Secretary of State for Business and Trade (Kevin Hollinrake)
I beg to move, That the Committee has considered the draft Limited Liability Partnerships (Application of Company Law) Regulations 2024.
How Parliament handled it
Parliament's Statutory Instruments service has no record of this instrument, although it covers the period. Nothing is inferred from that.
Check the source
- This instrument on legislation.gov.uk The authoritative text, including amendments made since
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