891. LLP's name on restoration

Past version: effective from 21/10/2015 - 20/10/2015
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(1) An LLP is restored to the register with the name it had before it was dissolved or struck off the register, subject to the following provisions.
(2) If at the date of restoration the LLP could not be registered under its former name without contravening section 55 (name not to be the same as another in the Registrar's register of LLP names), it must be restored to the register —
(a) under another name specified —
(i) in the case of administrative restoration, in the application to the Registrar, or
(ii) in the case of restoration under a Court order, in the Court's order, or
(b) as if its registered number was also its name.
References to an LLP's being registered in a name, and to registration in that context, shall be read as including the LLP's being restored to the register.
(3) If an LLP is restored to the register under a name specified in the application to the Registrar, the provisions of

section 68 (change of name: registration and issue of new certificate of incorporation), and

section 69 (change of name: effect),

apply as if the application to the Registrar were notice of a change of name.
(4) If an LLP is restored to the register under a name specified in the Court's order, the provisions of —

section 68 (change of name: registration and issue of new certificate of incorporation), and

section 69 (change of name: effect),

apply as if the copy of the Court order delivered to the Registrar were notice of a change a name.
(5) If the LLP is restored to the register as if its registered number was also its name —
(a) the LLP must change its name within 14 days after the date of the restoration,
(b) the change may be made by determination of its members,
(c) the LLP must give notice to the Registrar of the change, and
(d) sections 68 and 69 apply as regards the registration and effect of the change.
(6) If the LLP fails to comply with subsection 5(a) or (c) a contravention of the Companies Regulations is committed by —
(a) the LLP, and
(b) every designated member of the LLP who is in default.
(7) A person who commits a contravention of the Companies Regulations under subsection 6 shall be liable to a level 2 fine.