The Limited Liability Partnerships (Accounts and Audit) (Application of Companies Act 2006) Regulations 2008

Duty to file accounts and reports

17.—(1) Sections 441 to 444(1) apply to LLPs, modified so that they read as follow—

“Duty to file accounts and auditor’s report with the registrar

441.   The designated members of an LLP must deliver to the registrar for each financial year the accounts and auditor’s report required by—

• section 444 (filing obligations of LLPs subject to small LLPs regime),

• section 445 (filing obligations of medium-sized LLPs), or

• section 446 (filing obligations of large LLPs).

Period allowed for filing accounts

442.— (1) This section specifies the period allowed for the designated members of an LLP to comply with their obligation under section 441 to deliver accounts and the auditor’s report for a financial year to the registrar.

This is referred to in this Act as the “period for filing” those accounts and that report.

(2) The period is nine months after the end of the relevant accounting reference period.

This is subject to the following provisions of this section.

(3) If the relevant accounting reference period is the LLP’s first and is a period of more than twelve months, the period is—

(a) nine months from the first anniversary of the incorporation of the LLP, or

(b) three months after the end of the accounting reference period,

whichever last expires.

(4) If the relevant accounting reference period is treated as shortened by virtue of a notice given by the LLP under section 392 (alteration of accounting reference date), the period is—

(a) that applicable in accordance with the above provisions, or

(b) three months from the date of the notice under that section,

whichever last expires.

(5) If for any special reason the Secretary of State thinks fit he may, on an application made before the expiry of the period otherwise allowed, by notice in writing to an LLP extend that period by such further period as may be specified in the notice.

(6) In this section “the relevant accounting reference period” means the accounting reference period by reference to which the financial year for the accounts in question was determined.

Calculation of period allowed

443.— (1) This section applies for the purposes of calculating the period for filing an LLP’s accounts and auditor’s report which is expressed as a specified number of months from a specified date or after the end of a specified previous period.

(2) Subject to the following provisions, the period ends with the date in the appropriate month corresponding to the specified date or the last day of the specified previous period.

(3) If the specified date, or the last day of the specified previous period, is the last day of a month, the period ends with the last day of the appropriate month (whether or not that is the corresponding date).

(4) If—

(a) the specified date, or the last day of the specified previous period, is not the last day of a month but is the 29th or 30th, and

(b) the appropriate month is February,

the period ends with the last day of February.

(5) “The appropriate month” means the month that is the specified number of months after the month in which the specified date, or the end of the specified previous period, falls.

Filing obligations of LLPs subject to small LLPs regime

444.— (1) The designated members of an LLP subject to the small LLPs regime—

(a) must deliver to the registrar for each financial year a copy of a balance sheet drawn up as at the last day of that year, and

(b) may also deliver to the registrar a copy of the LLP’s profit and loss account for that year.

(2) The designated members must also deliver to the registrar a copy of the auditor’s report on the accounts that they deliver.

This does not apply if the LLP is exempt from audit and the members have taken advantage of that exemption.

(3) The copies of accounts and auditors’ reports delivered to the registrar must be copies of the LLP’s annual accounts and auditor’s report, except that where the LLP prepares non-IAS accounts the designated members may deliver to the registrar a copy of a balance sheet drawn up in accordance with regulation 5 of the Small Limited Liability Partnerships (Accounts) Regulations 2008 (non-IAS individual accounts for delivery to registrar of companies) (S.I. 2008/1912).

These are referred to in this Part as “abbreviated accounts”.

(4) If abbreviated accounts are delivered to the registrar the obligation to deliver a copy of the auditor’s report on the accounts is to deliver a copy of the special auditor’s report required by section 449.

(5) Where the designated members of an LLP subject to the small LLPs regime deliver to the registrar IAS accounts, or non-IAS accounts that are not abbreviated accounts, and in accordance with this section do not deliver to the registrar a copy of the LLP’s profit and loss account, the copy of the balance sheet delivered to the registrar must contain in a prominent position a statement that the LLP’s annual accounts have been delivered in accordance with the provisions applicable to LLPs subject to the small LLPs regime.

(6) The copy of the balance sheet delivered to the registrar under this section must state the name of the person who signed it on behalf of the members.

(7) The copy of the auditor’s report delivered to the registrar under this section must—

(a) state the name of the auditor and (where the auditor is a firm) the name of the person who signed it as senior statutory auditor, or

(b) if the conditions in section 506 (circumstances in which names may be omitted) are met, state that a determination has been made and notified to the Secretary of State in accordance with that section.”

(2) Until section 1068 comes fully into force, for subsections (6) and (7) of section 444 as applied to LLPs by paragraph (1) substitute—

“(6) The copy of the balance sheet delivered to the registrar under this section must—

(a) state the name of the person who signed it on behalf of the members under section 414, and

(b) be signed on behalf of the members by a designated member.

(7) The copy of the auditor’s report delivered to the registrar under this section must—

(a) state the name of the auditor and (where the auditor is a firm) the name of the person who signed it as senior statutory auditor, and

(b) be signed by the auditor or (where the auditor is a firm) in the name of the firm by a person authorised to sign on its behalf,

or, if the conditions in section 506 (circumstances in which names may be omitted) are met, state that a determination has been made and notified to the Secretary of State in accordance with that section.”

(1)

Section 441 was amended by regulation 6(6), and section 444 by regulation 12, of S.I. 2008/393.