• 51. 51. Administrative restoration to the register

    Sections 882 to 886 apply to LLPs, modified so they read as follows —

    • 882. Application for administrative restoration to the register

      (1) An application may be made to the Registrar to restore to the register a LLP that has been struck off the register under section 864 or 865 (power of Registrar to strike off defunct LLP).
      (2) An application under this section may be made whether or not the LLP has in consequence been dissolved.
      (3) An application under this section may only be made by a former member of the LLP.
      (4) An application under this section may not be made after the end of the period of six years from the date of the dissolution of the LLP.

      For this purpose an application is made when it is received by the Registrar.

    • 883. Requirements for administrative restoration

      (1) On an application under section 882 the Registrar shall restore the LLP to the register if, and only if, the following conditions are met.
      (2) The first condition is that the LLP was carrying on business or in operation at the time of its striking off.
      (3) The second condition is that, if any property or right previously vested in or held on trust for the LLP has vested as bona vacantia, the Board has signified to the Registrar in writing consent to the LLP's restoration to the register.
      (4) It is the applicant's responsibility to obtain that consent and to pay any costs of the Board —
      (a) in dealing with the property during the period of dissolution, or
      (b) in connection with the proceedings on the application,
      that may be demanded as a condition of giving consent.
      (5) The third condition is that the applicant has —
      (a) delivered to the Registrar such documents relating to the LLP as are necessary to bring up to date the records kept by the Registrar, and
      (b) paid any penalties under section 431 that were outstanding at the date of dissolution or striking off.

    • 884. Application to be accompanied by statement of compliance

      (1) An application under section 882 (application for administrative restoration to the register) must be accompanied by a statement of compliance.
      (2) The statement of compliance required is a statement —
      (a) that the person making the application has standing to apply (see subsection (3) of that section), and
      (b) that the requirements for administrative restoration (see section 883) are met.
      (3) The Registrar may accept the statement of compliance as sufficient evidence of those matters.

    • 885. Registrar's decision on application for administrative restoration

      (1) The Registrar must give notice to the applicant of the decision on an application under section 882 (application for administrative restoration to the register).
      (2) If the decision is that the LLP should be restored to the register, the restoration takes effect as from the date that notice is sent.
      (3) In the case of such a decision, the Registrar must —
      (a) enter on the register a note of the date as from which the LLP's restoration to the register takes effect, and
      (b) cause notice of the restoration to be published in on the website of the Registrar.
      (4) The notice under subsection (3)(b) must state —
      (a) the name of the LLP or, if the LLP is restored to the register under a different name (see section 891), that name and its former name,
      (b) the LLP's registered number, and
      (c) the date as from which the restoration of the LLP to the register takes effect.

    • 886. Effect of administrative restoration

      (1) The general effect of administrative restoration to the register is that the LLP is deemed to have continued in existence as if it had not been dissolved or struck off the register.
      (2) The LLP is not liable to a penalty under section 426 for a financial year in relation to which the period for filing accounts and reports ended —
      (a) after the date of dissolution or striking off, and
      (b) before the restoration of the LLP to the register.
      (3) The Court may give such directions and make such provision as seems just for placing the LLP and all other persons in the same position (as nearly as may be) as if the LLP had not been dissolved or struck off the register.
      (4) An application to the Court for such directions or provision may be made any time within three years after the date of restoration of the LLP to the register."