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Requirements of Writing (Scotland) Act 1995

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Changes over time for: Cross Heading: Limited Liability Partnerships

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Changes to legislation:

Requirements of Writing (Scotland) Act 1995, Cross Heading: Limited Liability Partnerships is up to date with all changes known to be in force on or before 18 October 2019. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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[F1Limited Liability PartnershipsS

Textual Amendments

F1Sch. 2 para. 3A and heading inserted (6.4.2001) by S.S.I. 2001/128, reg. 5 Sch. 4 para. 5

F2 3A (1)Except where an enactment expressly provides otherwise, where a granter of a [F3traditional document] is a limited liability partnership, the document is signed by the limited liability partnership if it is signed on its behalf by a member of the limited liability partnership.S

(2)This Act is without prejudice to paragraph 9 of Schedule 1, paragraph 9 of Schedule 2, and paragraph 7 of Schedule 4, to the Insolvency Act 1986.

(3)Sub-paragraphs (1) and (2) of this paragraph apply in relation to the signing of an alteration made to a document as they apply in relation to the signing of a document.

(4)Where a granter of a [F4traditional document] is a limited liability partnership, section 3 of and Schedule 1 to this Act shall have effect subject to the modifications set out in sub-paragraphs (5) and (6) below.

(5)In section 3–

(a)for subsection (1) there shall be substituted the following subsections– “

(1)Subject to subsections (1A) to (7) below, where–

(a)a [F5traditional document] bears to have been subscribed on behalf of a limited liability partnership by a member of the limited liability partnership;

(b)the document bears to have been signed by a person as a witness of the subscription of the member of the limited liability partnership and to state the name and address of the witness; and

(c)nothing in the document, or in the testing clause or its equivalent, indicates–

(i)that it was not subscribed on behalf of the limited liability partnership as it bears to have been so subscribed; or

(ii)that it was not validly witnessed for any reason specified in paragraphs (a) to (e) of subsection (4) below,

the document shall be presumed to have been subscribed by the limited liability partnership.

(1A)Where a document does not bear to have been signed by a person as a witness of the subscription of the member of the limited liability partnership it shall be presumed to have been subscribed by the limited liability partnership if it bears to have been subscribed on behalf of the limited liability partnership by two members of the limited liability partnership.

(1B)A presumption under subsection (1) or (1A) above as to subscription of a document does not include a presumption that a person bearing to subscribe the document as a member of the limited liability partnership was such member. ”;

(b)in subsection (4) after paragraph (g) there shall be inserted the following paragraph– “

(h)if the document does not bear to have been witnessed, but bears to have been subscribed on behalf of the limited liability partnership by two of the members of the limited liability partnership, that a signature bearing to be the signature of a member is not such a signature, whether by reason of forgery or otherwise; ”.

(6)In paragraph 1 of Schedule 1–

(a)for sub-paragraph (1) there shall be substituted the following sub-paragraphs– “

(1)Subject to sub-paragraphs (1A) to (7) below, where–

(a)an alteration to a [F6traditional document] bears to have been signed on behalf of a limited liability partnership by a member of the limited liability partnership;

(b)the alteration bears to have been signed by a person as a witness of the signature of the member of the limited liability partnership and to state the name and address of the witness; and

(c)nothing in the document or alteration, or in the testing clause or its equivalent, indicates–

(i)that the alteration was not signed on behalf of the limited liability partnership as it bears to have been so signed; or

(ii)that the alteration was not validly witnessed for any reason specified in paragraphs (a) to (e) of sub-paragraph (4) below,

the alteration shall be presumed to have been signed by the limited liability partnership.

(1A)Where an alteration does not bear to have been signed by a person as a witness of the signature of the member of the limited liability partnership it shall be presumed to have been signed by the limited liability partnership if it bears to have been signed on behalf of the limited liability partnership by two members of the limited liability partnership.

(1B)For the purposes of sub-paragraph (1)(b) above, the name and address of the witness may bear to be stated in the alteration itself or in the testing clause or its equivalent.

(1C)A presumption under sub-paragraph (1) or (1A) above as to signing of an alteration to a document does not include a presumption that a person bearing to sign the alteration as a member of the limited liability partnership was such member ”;

(b)in sub-paragraph (4) after paragraph (g) there shall be inserted the following– “

; or

(h)if the alteration does not bear to have been witnessed, but bears to have been signed on behalf of the limited liability partnership by two of the members of the limited liability partnership, that a signature bearing to be the signature of a member is not such a signature, whether by reason of forgery or otherwise; ”.]

Textual Amendments

F2Sch. 2 para. 3A and heading inserted (6.4.2001) by S.S.I. 2001/128, reg. 5 Sch. 4 para. 5

F3Words in Sch. 2 para. 3A(1) substituted (8.12.2014 for specified purposes) by Land Registration etc. (Scotland) Act 2012 (asp 5), ss. 122, 123, Sch. 3 para. 25(d)(i) (with s. 121, Sch. 4 paras. 13, 16); S.S.I. 2014/41, art. 2(1)(c)(2), Sch. Pt. 3 (with arts. 3, 4) (see S.S.I. 2014/127, art. 2)

F4Words in Sch. 2 para. 3A(4) substituted (8.12.2014 for specified purposes) by Land Registration etc. (Scotland) Act 2012 (asp 5), ss. 122, 123, Sch. 3 para. 25(d)(ii) (with s. 121, Sch. 4 paras. 13, 16); S.S.I. 2014/41, art. 2(1)(c)(2), Sch. Pt. 3 (with arts. 3, 4) (see S.S.I. 2014/127, art. 2)

F5Words in Sch. 2 para. 3A(5)(a) substituted (8.12.2014 for specified purposes) by Land Registration etc. (Scotland) Act 2012 (asp 5), ss. 122, 123, Sch. 3 para. 25(d)(iii) (with s. 121, Sch. 4 paras. 13, 16); S.S.I. 2014/41, art. 2(1)(c)(2), Sch. Pt. 3 (with arts. 3, 4) (see S.S.I. 2014/127, art. 2)

F6Words in Sch. 2 para. 3A(6)(a) substituted (8.12.2014 for specified purposes) by Land Registration etc. (Scotland) Act 2012 (asp 5), ss. 122, 123, Sch. 3 para. 25(d)(iv) (with s. 121, Sch. 4 paras. 13, 16); S.S.I. 2014/41, art. 2(1)(c)(2), Sch. Pt. 3 (with arts. 3, 4) (see S.S.I. 2014/127, art. 2)

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