The Limited Liability Partnerships (Application of Company Law) Regulations 2024

Requirements for administrative restoration

25.—(1) Regulation 56 (administrative restoration to the register) is amended as follows.

(2) In section 1025 of the 2006 Act(1) (requirements for administrative restoration), as applied to LLPs by that regulation, for subsection (5) substitute—

“(5) The third condition is that the applicant has delivered to the registrar such documents relating to the LLP as are necessary to ensure that if the LLP is restored to the register the records kept by the registrar relating to the LLP will be up to date.

(5A) The fourth condition is—

(a) that any outstanding penalties under section 453 or corresponding earlier provisions (civil penalty for failure to deliver accounts) in relation to the LLP have been paid, and

(b) that each relevant person has paid any outstanding fines or financial penalties relating to LLPs imposed on them in respect of an offence under the Companies Act 2006 as applied to LLPs or under the Limited Liability Partnerships Act 2000.”.

(3) In subsection (6) substitute “fourth” with “fifth”.

(4) After subsection (6) insert—

“(6A) In subsection (5A)(b) “relevant person” means—

(a) the applicant,

(b) any person who—

(i) was a member of the LLP immediately before it was dissolved or struck off, and

(ii) if the LLP is restored to the register, will be a member immediately after its restoration, or

(c) any person who is a relevant officer of a firm where the firm is—

(i) a person mentioned in paragraph (a) or (b), or

(ii) a person falling within this paragraph.

(6B) In subsection (6A)(c) “relevant officer”—

(a) in relation to a company, means a director;

(b) in relation to a firm the affairs of which are managed by its members, means one of those members;

(c) in relation to any other firm, means an officer of the firm whose functions correspond to that of a director of a company.”.

(1)

Section 1025 of the 2006 Act was amended by the Economic Crime and Corporate Transparency Act 2023. Relevant amendments were made by section 71.