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

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Requirements where abbreviated accounts delivered

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20.—(1) Section 449 applies to LLPs, modified so that it reads as follow—

Special auditor’s report where abbreviated accounts delivered

449.(1) This section applies where—

(a)the designated members of an LLP deliver abbreviated accounts to the registrar, and

(b)the LLP is not exempt from audit (or the members have not taken advantage of any such exemption).

(2) The designated members must also deliver to the registrar a copy of a special report of the LLP’s auditor stating that in his opinion—

(a)the LLP is entitled to deliver abbreviated accounts in accordance with the section in question, and

(b)the abbreviated accounts to be delivered are properly prepared in accordance with—

(i)regulation 5 of the Small Limited Liability Partnerships (Accounts) Regulations 2008 (S.I. 2008/1912), or

(ii)regulation 4 of the Large and Medium-sized Limited Liability Partnerships (Accounts) Regulations 2008 (S.I. 2008/1913).

(3) The auditor’s report on the LLP’s annual accounts need not be delivered, but—

(a)if that report was qualified, the special report must set out that report in full together with any further material necessary to understand the qualification, and

(b)if that report contained a statement under—

(i)section 498(2)(a) or (b) (accounts, records or returns inadequate or accounts not agreeing with records and returns), or

(ii)section 498(3) (failure to obtain necessary information and explanations),

the special report must set out that statement in full.

(4) The provisions of—

  • sections 503 to 506 (signature of auditor’s report), and

  • sections 507 to 509 (offences in connection with auditor’s report),

apply to a special report under this section as they apply to an auditor’s report on the LLP’s annual accounts prepared under Part 16.

(5) If abbreviated accounts are delivered to the registrar, the references in section 434 or 435 (requirements in connection with publication of accounts) to the auditor’s report on the LLP’s annual accounts shall be read as references to the special auditor’s report required by this section.

(2) Until section 1068 comes fully into force, after subsection (4) of section 449 as applied to LLPs by paragraph (1) insert—

(4A) The copy of the special report delivered to the registrar under this section must—

(a)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

(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.

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