The Registrar (Annotation, Removal and Disclosure Restrictions) Regulations 2024

Part 4 Annotations and removal of material relating to limited liability partnerships

Interpretation

13.  In this Part “ the 2009 LLP Regulations” means the Limited Liability Partnerships (Application of Companies Act 2006) Regulations 2009(1).

Annotations of the register

14.  In regulation 64 (the register)(2) of the 2009 LLP Regulations, in section 1081 (annotations) of the 2006 Act, as applied to limited liability partnerships by that regulation—

(a) in subsection (1), omit paragraph (b);

(b) after subsection (2) insert—

“(2A) The registrar may place a note in the register containing such information as appears to the registrar to be appropriate to address any confusion that may arise where material that was formerly considered by the registrar to form part of the register is no longer considered by the registrar to do so.”;

(c) in subsection (6)—

(i) for “or” substitute “(2A), ”;

(ii) after “subsection (2)” insert “, or in pursuance of any other enactment,”.

Material not available for public inspection

15.  In regulation 66 (inspection etc of the register)(3) of the 2009 LLP Regulations, in section 1087(1) (material not available for public inspection) of the 2006 Act, as applied to limited liability partnerships by that regulation, for paragraph (g) substitute—

“(g) any application or other document delivered to the registrar under section 1094 (removal of material from the register);”.

Removal of material from the register

16.  In regulation 67 (correction or removal of material on the register)(4) of the 2009 LLP Regulations, for sections 1094, 1095 and 1095A of the 2006 Act, as applied to limited liability partnerships by that regulation, substitute—

“Removal of material from the register

1094.— (1) The registrar may remove from the register anything that appears to the registrar to be—

(a) a document, or material derived from a document, accepted under section 1073 (power to accept documents not meeting requirements for proper delivery), or

(b) unnecessary material as defined by section 1074.

(2) The power to remove material from the register under this section may be exercised—

(a) on the registrar’s own motion, or

(b) on an application made in accordance with the provisions applied to LLPs by section 1094A (further provision about removal of material from the register).

(3) The registrar may exercise the power to remove from the register anything the registration of which had legal consequences only if satisfied that the interest of the LLP, or (if different) the applicant, in removing the material outweighs any interest of other persons in the material continuing to appear on the register.

Further provision about removal of material from the register

1094A.   Part 3 (removal of material from the register) of the Registrar (Annotation, Removal and Disclosure Restrictions) Regulations 2024 (S.I. 2024/54) applies to LLPs, modified so that every reference to a company is read as if it were a reference to an LLP.

Power of court to make consequential orders following removal

1094B.— (1) Where the registrar removes anything from the register otherwise than in pursuance of a court order, the court may, on an application by a person with sufficient interest, make such consequential orders as the court thinks fit as to the legal effects of the inclusion of the material on the register or its removal.

(2) In this section the reference to the registrar removing material from the register includes the registrar determining that anything purported to be delivered to the registrar under any enactment was not in fact delivered under an enactment and therefore does not form part of the register.”.

Transitional provision

17.  Regulation 12(2) to (4) applies to limited liability partnerships as if the references to regulations 4 and 5 of the 2009 Regulations were references to those regulations as applied to limited liability partnerships by regulation 67 (correction or removal of material on the register) of the 2009 LLP Regulations before the day section 85 (administrative removal of material from the register) of the Economic Crime and Corporate Transparency Act 2023 comes fully into force.

(1)

S.I. 2009/1804.

(2)

Regulation 64 was amended by S.I. 2013/618.

(3)

Regulation 66 was amended by S.I. 2013/618, 2015/1695, 2016/340 and 2016/423. Other amendments have been made which are not relevant.

(4)

Regulation 67 was amended by S.I. 2013/618, 2015/664, 2016/423 and 2019/1511.