Limited Liability Partnerships - application of the Companies Act 2006

Following a period of consultation BERR has announced that:

  • The account and audit provisions in the CA06 will apply to LLPs with effect from 1 October 2008; and
  • Certain other provisions in the CA06 will apply to LLPs with effect from 1 October 2009.

Outcome of the consultation:

  • The relevant provisions of the CA06 will be made to apply to LLPs by setting them out in full, in statutory instruments, with any modifications needed in order to take into account the particular characteristics of an LLP.
  • The current system of incorporation of an LLP will be maintained, modified to take into account any changes in the CA06 formation process.
  • The requirements for names and trading names of LLPs will be aligned to match those of companies.
  •  LLPs will be given the same protections for their members' addresses as companies.
  • Part 15 of the Act (Accounts and reports), Part 16 (Auditors) and Part 42 (Statutory Auditors) will apply to LLPs with any necessary modifications. Draft Statutory Instruments are already available. These provisions will apply to financial years beginning on or after 1 October 2008.
  • The following provisions in the CA06 will apply to LLPs:
    • the execution of documents
    • the restoration provisions
    • the provisions in Part 15 relating to the powers of the registrar of companies
    • the provisions in Part 37 relating to the service of notices
    • the new time period for disclaiming property that passes to the Crown on dissolution
  • The following provisions of the CA06 will not be extended to LLPs:
    • the 'communication provisions' in Part 37
    • Part 10 – directors statutory duties
    • Part 11 – derivative claims by members
    • the narrative reporting provisions (ie business review, directors reports)
    • Part 34 – overseas LLPs.

Draft SIs available:

Newsletters and news alerts

Keep up-to-date and receive news on the Companies Act  2006 and how it can affect you and your company. 
Find out more and register now