The Limited Liability Partnerships (Fees) Regulations 2004

Citation and commencement

1.  These Regulations may be cited as the Limited Liability Partnerships (Fees) Regulations 2004 and shall come into force on 1st February 2005.

Interpretation

2.  In these Regulations—

“the 1985 Act” means the Companies Act 1985;

“the 2000 Act” means the Limited Liability Partnerships Act 2000(1);

“document package” means one of the sets of copies of documents relating to a limited liability partnership (in so far as such documents are delivered to the registrar of companies by the limited liability partnership) as described in one of the paragraphs in Schedule 2 and with the maximum number of documents in each package being as specified in Schedule 3, with the documents in the package being primarily determinable in reverse order of the dates of delivery to the registrar of companies;

“electronic information service” means a service by which information is accessed by the applicant in Hyper Text Markup Language using a website of the registrar of companies with no requirement for the applicant to deliver an access code;

“electronic subscription service” means a service by which information is accessed by the applicant in Hyper Text Markup Language using a website of the registrar of companies by delivering a non-encrypted access code;

“index” means one of the following indexes kept by the registrar of companies—

(a)

the index of company and corporate names and numbers;

(b)

the index of charges;

“limited liability partnership report” means a report containing the information relating to a limited liability partnership set out in Schedule 1 in so far as recorded by the registrar of companies in records kept by her for the purposes of the 1985 Act, as applied to limited liability partnerships;

“relevant document” means in relation to entry 2 in Schedule 3 a document which a limited liability partnership is required to deliver to the registrar of companies under any provisions of the 2000 Act or the 1985 Act, as applied to limited liability partnerships, other than a document in relation to the delivery of which a fee is specified in any other entry in Schedule 3;

“relevant period” means one of the following periods—

(a)

the period beginning with the incorporation of a limited liability partnership and ending immediately after the delivery to the registrar of companies of its first annual return; or

(b)

a period beginning immediately after delivery to the registrar of companies of an annual return and ending immediately after delivery to her of the next annual return;

“same day” means, in relation to a registration or provision of a certificate or certified copy, any such matter in relation to which—

(a)

a request for same day registration, provision of a certificate or certified copy (as the case may be) and all documents required to be delivered to the registrar of companies in connection therewith, are received by the registrar of companies—

(i)

in the case of a request for provision of a certificate or a certified copy, before 2.00 pm on the day in question, or

(ii)

in other cases, before 3.00 pm on that day, and

(b)

the registration (where requisite) is completed and the appropriate certificate or certified copy is issued to the applicant on that day;

“searchroom terminal” means a computer terminal operated by the applicant at an office of the registrar of companies.

Revocations

3.—(1) Subject to paragraph (2), these Regulations revoke the Limited Liability Partnerships (Fees) (No. 2) Regulations 2001(2) and the Limited Liability Partnerships (Fees) (Amendment) Regulations 2002(3).

(2) The fee prescribed in relation to entry 2 in the Schedule to the Limited Liability Partnerships (Fees) (No. 2) Regulations 2001 applies to the delivery of an annual return—

(a) in relation to which the return date is earlier than 1st February 2005; or

(b) which is delivered before 1st February 2005.

Fees payable to the registrar of companies

4.—(1) Subject to paragraph 2, the fees set out in the second column of Schedule 3 shall be the fees payable in respect of the performance by the registrar of companies of her functions in relation to the matters specified in the first column of that Schedule and shall be payable—

(a) in relation to entries 2 and 15 in Schedule 3, as stated in those entries;

(b) in relation to all other matters, on the performance by the registrar of companies of the relevant function.

(2) The fee prescribed in relation to entry 15 in Schedule 3 is not payable in respect of any month for which the applicant pays a fee to the registrar of companies for an electronic subscription service under Regulations providing for fees in respect of functions of the registrar of companies in relation to companies or of the Department of Trade and Industry in relation to European Economic Interest Groupings.

Application of fees

5.  The fees prescribed in regulation 4 apply—

(a) in relation to entries 1, 3, 4 and 5 in Schedule 3, to any matter in respect of which every document necessary for the registrar of companies to carry out her functions in respect of that matter is delivered to her on or after 1st February 2005;

(b) in relation to entry 2 in that Schedule, to the delivery of any annual return—

(i) in relation to which the return date is on or after 1st February 2005, and

(ii) which is delivered on or after 1st February 2005;

(c) in relation to entries 6 to 14 (inclusive) and 16 and 17 in that Schedule, to any matter in respect of which a request is received by the registrar of companies on or after 1st February 2005;

(d) in relation to entry 15 in that Schedule, in respect of February 2005 and any subsequent months.

Gerry Sutcliffe,

Parliamentary Under Secretary of State for Employment Relations, Postal Services and Consumers,

Department of Trade and Industry

6th October 2004