The Limited Liability Partnerships (Application of Company Law) (No. 2) Regulations 2024

Registrar’s power to strike off LLP registered on false basis

5.  After regulation 50 (registrar's power to strike off defunct LLP), insert—

Registrar’s power to strike off LLP registered on false basis

50A.   Section 1002A applies to LLPs, modified so that it reads as follows—

““1002A.    Power to strike off LLP registered on false basis

(1) The registrar may strike an LLP’s name off the register if the registrar has reasonable cause to believe that—

(a) any information contained in the application for the registration of the LLP, or in any application for restoration of the LLP to the register, is misleading, false or deceptive in a material particular, or

(b) any statement made to the registrar in connection with such an application is misleading, false or deceptive in a material particular.

(2) In subsection (1) the reference to an application includes any documents delivered to the registrar in connection with the application.

(3) The registrar may not exercise the power in subsection (1) unless―

(a) the registrar has published a notice in the Gazette that, at the end of the period of 28 days beginning with the date of the notice, the name of the LLP mentioned in the notice will, unless cause is shown to the contrary, be struck off the register and the LLP will be dissolved, and

(b) the period mentioned in paragraph (a) has expired.

(4) If the registrar exercises the power in subsection (1), the registrar must publish a notice in the Gazette of the LLP's name having been struck off the register.

(5) On the publication of the notice in the Gazette the LLP is dissolved.

(6) However―

(a) the liability (if any) of every member of the LLP continues and may be enforced as if the LLP had not been dissolved, and

(b) nothing in this section affects the power of the court to wind up an LLP the name of which has been struck off the register.”.”.