• LLPs' records and registers

    • 797. LLPs to keep copies of instruments creating and amending charges

      (1) An LLP must keep available for inspection a copy of every—
      (a) instrument creating a charge capable of registration under this Chapter, and
      (b) instrument effecting any variation or amendment of such a charge.
      (2) In the case of a charge contained in a series of uniform debentures, a copy of one of the debentures of the series is sufficient for the purposes of subsection (1)(a).
      (3) If the particulars referred to in section 787(1) or the particulars of the property or undertaking charged are not contained in the instrument creating the charge, but are instead contained in other documents which are referred to in or otherwise incorporated into the instrument, then the LLP must also keep available for inspection a copy of those other documents.
      (4) It is sufficient for the purposes of subsection (1)(a) if the LLP keeps a copy of the instrument in the form delivered to the Registrar under section 784(3), 785(3) or (4) or 786(3).
      (5) Where a translation has been delivered to the Registrar in accordance with section 978, the LLP must keep available for inspection a copy of the translation.

    • 798. Instruments creating charges to be available for inspection

      (1) This section applies to documents required to be kept available for inspection under section 797 (copies of instruments creating and amending charges).
      (2) The documents must be kept available for inspection—
      (a) at the LLP's registered office, or
      (b) at a place specified in rules made by the Board under section 996 (rules about where certain LLP records to be kept available for inspection).
      (3) The LLP must give notice to the Registrar—
      (a) of the place at which the documents are kept available for inspection, and
      (b) of any change in that place,
      unless they have at all times been kept at the LLP's registered office.
      (4) The documents must be open to the inspection—
      (a) of any creditor or member of the LLP without charge, and
      (b) of any other person on payment of such fee as may be prescribed.
      (5) A person who makes default in complying with the requirements of subsection (2) or (3) of this section commits a contravention of the Companies Regulations.
      (6) A person who commits the contravention referred to in in subsection (5) is liable to a level 2 fine.
      (7) If default is made for 14 days in complying with subsection (3) or an inspection required under subsection (4) is refused, a contravention of the Companies Regulations is committed by—
      (a) the LLP, and
      (b) every member of the LLP who is in default.
      (8) A person who commits the contravention referred to in in subsection (7) is liable to a fine of up to level 4.
      (9) If an inspection required under subsection (4) is refused the Court may by order compel an immediate inspection.
      (10) Where the LLP and a person wishing to carry out an inspection under subsection (4) agree, the inspection may be carried out by electronic means."