The Limited Liability Partnerships (Application of Companies Act 2006) Regulations 2009

Inspection etc of the register U.K.

66.  Sections 1085 to 1091 M1 apply to LLPs, modified so that they read as follows—

“1085.    Inspection of the register

(1) Any person may inspect the register.

(2) The right of inspection extends to the originals of documents delivered to the registrar in hard copy form if, and only if, the record kept by the registrar of the contents of the document is illegible or unavailable. The period for which such originals are to be kept is limited by section 1083(1).

(3) This section has effect subject to section 1087 (material not available for public inspection).

1086.    Right to copy of material not on the register

(1) Any person may require a copy of any material on the register.

(2) The fee for any such copy of material derived from a document specified for the purposes of section 1077, whether in hard copy or electronic form, must not exceed the administrative cost of providing it.

(3) This section has effect subject to section 1087 (material not available for public inspection).

1087.    Material not available for public inspection

(1) The following material must not be made available by the registrar for public inspection—

(a) the contents of any document sent to the registrar containing views expressed pursuant to section 56 (comments on proposal by LLP to use certain words or expressions in LLP name);

(b) protected information within section 242(1) (members' residential addresses: restriction on disclosure by registrar);

(c) representations received by the registrar in response to a notice under section 245(2) (notice of proposal to put member's usual residential address on the public record);

(d) any application to the registrar under section 1024 (application for administrative restoration to the register) that has not yet been determined or was not successful;

(e) any document received by the registrar in connection with the giving or withdrawal of consent under section 1075 (informal correction of documents);

[F1 (ea) information falling within section 1087A(1) (information about a person’s date of birth);]

(f) any application or other document delivered to the registrar under section 1088 (application to make address unavailable for public inspection) and any address in respect of which such an application is successful;

(g) any application or other document delivered to the registrar under section 1095 (application for rectification of register);

(h) any court order under section 1096 (rectification of the register under court order) that the court has directed under section 1097 (powers of court on ordering removal of material from the register) is not to be made available for public inspection;

F2 (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(j) any e-mail address, identification code or password deriving from a document delivered for the purpose of authorising or facilitating electronic filing procedures or providing information by telephone;

(k) any other material excluded from public inspection by or under any other enactment.

(2) A restriction applying by reference to material deriving from a particular description of document does not affect the availability for public inspection of the same information contained in material derived from another description of document in relation to which no such restriction applies.

(3) Material to which this section applies need not be retained by the registrar for longer than appears to the registrar reasonably necessary for the purposes for which the material was delivered to the registrar.

1087A     [F3 Information about a person’s date of birth

(1) Information falls within this subsection at any time (“the relevant time”) if—

(a) it is DOB information,

(b) it is contained in a document delivered to the registrar that is protected at the relevant time as regards that information,

(c) the document is one in which such information is required to be stated, and

(d) if the document has more than one part, the part in which the information is contained is a part in which such information is required to be stated.

(2) “DOB information” is information as to the day of the month (but not the month or year) on which a relevant person was born.

(3) A “relevant person” is an individual who is an LLP member.

(4) A document delivered to the registrar is “protected” at any time unless it was registered before this section comes into force.

(5) Information about a person does not cease to fall within paragraph (1) when he or she ceases to be a relevant person and, to that extent, references in this section to a relevant person include someone who used to be a relevant person.

(6) Nothing in paragraph (1) obliges the registrar to check other documents or (as the case may be) other parts of the document to ensure the absence of DOB information.

1087B    Disclosure of DOB information

(1) The registrar must not disclose restricted DOB information unless—

(a) the same information about the relevant person (whether in the same or a different capacity) is made available by the registrar for public inspection as a result of being contained in another description of document in relation to which no restriction under section 1087 applies (see subsection (2) of that section), or

(b) disclosure of the information by the registrar is permitted by subsection (2) or another provision of this Act.

(2) The registrar may disclose restricted DOB information—

(a) to a public authority specified for the purposes of this subsection by regulations made by the Secretary of State, or

(b) to a credit reference agency.

(3) (a) The provisions of The Companies (Disclosure of Date of Birth Information) Regulations 2015 (S.I. 2015/1694) apply to LLPs.

(b) As those provisions apply to LLPs—

(i) read references to protected information as references to restricted DOB information.

(ii) references to provisions of the Companies Act 1985 (c. 6), the Insolvency Act 1986 (c. 45), the Companies (Northern Ireland) Order 1986 (S.I. 1986/1032 (N.I.6)) or the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I.9)) are to those provisions as applied to LLPs by the Limited Liability Partnerships Regulations 2001 (S.I. 2001/1090) or the Limited Liability Partnerships Regulations (Northern Ireland) 2004 (S.R. (NI) 2004 No 307);

(iii) read references to a company as references to an LLP or proposed LLP;

(iv) read references to a director as references to a member of an LLP.

(4) “Restricted DOB information” means information falling within section 1087A(1).]

1088.    Application to registrar to make address unavailable for public inspection

(1) The provisions of the Companies (Disclosure of Address) Regulations 2009 (S.I. 2009/214) relating to applications to make an address unavailable for inspection under this section apply to LLPs.

(2) The provisions are—

(a) Part 3 (disclosure of protected information),

(b) Part 4 (matters relating to applications), so far as relating to applications to make an address unavailable for inspection under this section, and

(c) any other provisions of the Regulations having effect for the purposes of those provisions.

(3) As those provisions apply to LLPs—

(a) references in the regulations to provisions of the Companies Act 1985 (c. 6) or the Companies (Northern Ireland) Order 1986 (S.I. 1986/1032 (N.I.6)) are to those provisions as applied to LLPs by the Limited Liability Partnerships Regulations 2001 (S.I. 2001/1090) or the Limited Liability Partnerships Regulations (Northern Ireland) 2004 (S.R. (NI) 2004 No 307);

(b) read references to a company as references to an LLP;

(c) read references to a director as references to a member of an LLP;

(d) omit all references to secretaries or permanent representatives;

(e) in regulation 1(2) for the definition of “former name” substitute—

““former name” means a name by which the individual was formerly known and which has been notified to the registrar under section 2 or 9 of the Limited Liability Partnerships Act 2000;”;

(f) in regulation 9, for paragraph (1) substitute—

“(1) A section 1088 application may be made to the registrar by an individual whose usual residential address was placed on the register either—

(a) under section 288 (register of members) or 363 (duty to deliver annual returns) of the 1985 Act;

(b) under Article 296 or 371 of the 1986 Order;

(c) under section 2 (incorporation document etc) or 9 (registration of membership changes) of the Limited Liability Partnerships Act 2000; or

(d) as a service address under section 855 (contents of annual return) of the Act,

in respect of that usual residential address where it was placed on the register on or after 1st January 2003;”; and

(g) omit regulation 10.

1089.    Form of application for inspection or copy

The registrar may specify the form and manner in which application is to be made for—

(a) inspection under section 1085, or

(b) a copy under section 1086.

1090.    Form and manner in which copies to be provided

The registrar may determine the form and manner in which copies are to be provided.

1091.    Certification of copies as accurate

(1) Copies provided under section 1086 in hard copy form must be certified as true copies unless the applicant dispenses with such certification.

(2) Copies so provided in electronic form must not be certified as true copies unless the applicant expressly requests such certification.

(3) A copy provided under section 1086, certified by the registrar (whose official position it is unnecessary to prove) to be an accurate record of the contents of the original document, is in all legal proceedings admissible in evidence—

(a) as of equal validity with the original document, and

(b) as evidence (in Scotland, sufficient evidence) of any fact stated in the original document of which direct oral evidence would be admissible.

(4) Regulation 2 of the Companies (Registrar, Languages and Trading Disclosures) Regulations 2006 (S.I. 2006/3429) (certification of electronic copies by registrar) applies where the copy is provided in electronic form.

(5) Copies provided by the registrar may, instead of being certified in writing to be an accurate record, be sealed with the registrar's official seal M2 .”.

Textual Amendments

F1 Words in reg. 66 inserted (10.10.2015) by The Companies and Limited Liability Partnerships (Filing Requirements) Regulations 2015 (S.I. 2015/1695), regs. 1, 6(2)

F2 Words in reg. 66 omitted (6.4.2013) by virtue of The Limited Liability Partnerships (Application of Companies Act 2006) (Amendment) Regulations 2013 (S.I. 2013/618), regs. 1(2), 4 (with reg. 8(4))

F3 Words in reg. 66 inserted (10.10.2015) by The Companies and Limited Liability Partnerships (Filing Requirements) Regulations 2015 (S.I. 2015/1695), regs. 1, 6(3)

Marginal Citations

M1 Section 1087(1) was amended by article 12 of S.I. 2009/1802.

M2 See section 1062 of the Companies Act 2006 (the registrar's official seal).