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

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Failure to file accounts and auditor’s report

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22.—(1) Sections 451 to 453 apply to LLPs, modified so that they read as follow—

Default in filing accounts and auditor’s report: offences

451.(1) If the requirements of section 441 (duty to file accounts and auditor’s report) are not complied with in relation to an LLP’s accounts for a financial year and the auditor’s report on those accounts before the end of the period for filing those accounts and that report, every person who immediately before the end of that period was a designated member of the LLP commits an offence.

(2) It is a defence for a person charged with such an offence to prove that he took all reasonable steps for securing that those requirements would be complied with before the end of that period.

(3) It is not a defence to prove that the documents in question were not in fact prepared as required by this Part.

(4) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale and, for continued contravention, a daily default fine not exceeding one-tenth of level 5 on the standard scale.

Default in filing accounts and auditor’s report: court order

452.(1) If—

(a)the requirements of section 441 (duty to file accounts and auditor’s report) are not complied with in relation to an LLP’s accounts for a financial year and the auditor’s report on those accounts before the end of the period for filing those accounts and that report, and

(b)the designated members of the LLP fail to make good the default within 14 days after the service of a notice on them requiring compliance,

the court may, on the application of any member or creditor of the LLP or of the registrar, make an order directing the designated members (or any of them) to make good the default within such time as may be specified in the order.

(2) The court’s order may provide that all costs (in Scotland, expenses) of and incidental to the application are to be borne by the members.

Civil penalty for failure to file accounts and auditor’s report

453.(1) Where the requirements of section 441 are not complied with in relation to an LLP’s accounts for a financial year and the auditor’s report on those accounts before the end of the period for filing those accounts and that report, the LLP is liable to a civil penalty.

This is in addition to any liability of the designated members under section 451.

(2) Regulations 1(3) and 4(2) and (3) of the Companies (Late Filing Penalties) and Limited Liability Partnerships (Filing Periods and Late Filing Penalties) Regulations 2008 (S.I. 2008/497) apply to LLPs with the following modifications—

(a)references to a company or private company include references to an LLP;

(b)references to 6th April 2008 are to be read as references to 1st October 2008; and

(c)the second column of the table in regulation 4(2) (penalties for public companies) is omitted.

(3) The penalty may be recovered by the registrar and is to be paid into the Consolidated Fund.

(4) It is not a defence in proceedings under this section to prove that the documents in question were not in fact prepared as required by this Part.

(2) At the end of regulation 6(3) of the Companies (Late Filing Penalties) and Limited Liability Partnerships (Filing Periods and Late Filing Penalties) Regulations 2008(1) insert “, but paragraph (1) does not apply to accounts or reports for financial years beginning on or after 1st October 2008.”

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