• 64. 64. LLP records

    Sections 994 to 998 apply to LLPs, modified so that they read as follows —

    • 994. Meaning of "LLP records"

      In this Part "LLP records" means —

      (a) any register, index, accounting records, agreement, memorandum, minutes or other document required by the Companies Regulations to be kept by a LLP, and
      (b) any register kept by a LLP of its debenture holders.

    • 995. Form of LLP records

      (1) LLP records —
      (a) may be kept in hard copy or electronic form, and
      (b) may be arranged in such manner as the members of the LLP think fit,
      provided the information in question is adequately recorded for future reference.
      (2) Where the records are kept in electronic form, they must be capable of being reproduced in hard copy form.
      (3) If a LLP fails to comply with this section, a contravention of the Companies Regulations is committed by every member of the LLP who is in default.
      (4) A person who commits the contravention referred to in subsection (3) is liable to a level 2 fine.

    • 996. Rules about where certain LLP records to be kept available for inspection

      (1) The Board may make rules specifying places other than a LLP's registered office at which LLP records required to be kept available for inspection under a relevant provision may be so kept in compliance with that provision.
      (2) The "relevant provisions" are —

      section 118 (register of members),

      section 156 (register of members' residential addresses),

      section 798 (instruments creating charges).
      (3) The rules may specify a place by reference to the LLP's principal place of business, the place at which the LLP keeps any other records available for inspection or in any other way.
      (4) The rules may provide that a LLP does not comply with a relevant provision by keeping LLP records available for inspection at a place specified in the rules unless conditions specified in the rules are met.
      (5) The rules —
      (a) need not specify a place in relation to each relevant provision,
      (b) may specify more than one place in relation to a relevant provision.
      (6) A requirement under a relevant provision to keep LLP records available for inspection is not complied with by keeping them available for inspection at a place specified in the rules unless all the LLP's records subject to the requirement are kept there.

    • 997. Regulations about inspection of records and provision of copies

      (1) The Board may make rules as to the obligations of a LLP that is required by any provision of the Companies Regulations —
      (a) to keep available for inspection any LLP records, or
      (b) to provide copies of any LLP records.
      (2) A LLP that fails to comply with the rules is treated as having refused inspection or, as the case may be, having failed to provide a copy.
      (3) The rules may —
      (a) make provision as to the time, duration and manner of inspection, including the circumstances in which and extent to which the copying of information is permitted in the course of inspection, and
      (b) define what may be required of the LLP as regards the nature, extent and manner of extracting or presenting any information for the purposes of inspection or the provision of copies.
      (4) Where there is power to charge a fee, the rules may make provision as to the amount of the fee and the basis of its calculation.
      (5) Nothing in any provision of the Companies Regulations or in the rules shall be read as preventing a LLP —
      (a) from affording more extensive facilities than are required by the rules, or
      (b) where a fee may be charged, from charging a lesser fee than that prescribed or none at all.

    • 998. Duty to take precautions against falsification

      (1) Adequate precautions must be taken by LLPs —
      (a) to guard against falsification of LLP records, and
      (b) to facilitate the discovery of falsification of LLP records.
      (2) If a LLP fails to comply with this section, a contravention of the Companies Regulations is committed by every member of the LLP who is in default.
      (3) A person who commits the contravention referred to in subsection (2) under this section is liable to a level 2 fine."