Contents
1Citation, commencement and interpretation#
(1)These Regulations may be cited as the Limited Liability Partnerships (Amendment) Regulations (Northern Ireland) 2006 and shall come into operation on 1st October 2006 (“the commencement date”).
(2)Regulation 2 has effect as respects financial years which begin on or after 1st January 2006 and which end on or after the commencement date.
(3)In these Regulations—• “the 1986 Order” means the Companies (Northern Ireland) Order 1986• “the 1989 Order” means the Insolvency (Northern Ireland) Order 1989, and• “the principal regulations” means the Limited Liability Partnerships Regulations (Northern Ireland) 2004.
2Amendment of Schedule 1 to the principal regulations (accounts and audit)#
Schedule 1 to the principal regulations (modifications to provisions of Part VIII of the 1986 Order as applied to limited liability partnerships) is amended in accordance with Schedule 1.
3Amendment of Schedule 3 to the principal regulations (insolvency)#
Schedule 3 to the principal regulations (modifications to provisions of the 1989 Order as applied to limited liability partnerships) is amended in accordance with Schedule 2 to these Regulations.
4Transitional provision#
In a case where a petition for an administration order has been presented before the commencement date, the amendments to the principal regulations made by regulation 3 shall have no effect.
Schedule 1
(1)Schedule 1 to the principal regulations is amended as follows.
(2)After the entry relating to Article 233 of the 1986 Order (alteration of accounting reference date) insert—“”
(3)After the entry relating to Article 236 of the 1986 Order (exemption for parent companies included in accounts of larger group) insert—“”
(4)For the entry relating to Articles 242 (duty to prepare directors’ report) and 242A (approval and signing of directors’ report) of the 1986 Order substitute—“”
(5)In the entry relating to Article 243 of the 1986 Order (auditors’ report), for “paragraph (3)”, in both places where it occurs, substitute “paragraphs (3) to (5)”.
(6)In the entry relating to Article 246 of the 1986 Order (persons entitled to receive copies of accounts and reports) after the entry relating to paragraph (1) insert—“”
(7)For the entry relating to paragraph (1) of Article 247 of the 1986 Order (right to demand copies of accounts and reports) substitute—“(a) Omit sub-paragraphs (b), and (c), and(b) in sub-paragraph (d) omit the words from “and that directors’ report” to the end.”
(8)In the entry relating to Article 248 of the 1986 Order (requirements in connection with publication of accounts), for the modification to paragraph (3)(d) substitute “(b) omit sub-paragraph (e), and”.
(9)After the entry relating to Article 249 of the 1986 Order (accounts and report to be laid before company in general meeting) insert—“”
(10)For the entry relating to paragraph (1) of Article 250 of the 1986 Order (accounts and reports to be delivered to registrar) substitute—“(a) For the words “The directors of a company” substitute “The designated members of a limited liability partnership”,(b) omit sub-paragraphs (b) and (c),(c) in sub-paragraph (d) omit from “and that directors’ report” to the end, and(d) for “the directors’ must annex” substitute “the designated members must annex”.”
(11)Omit the entry relating to Article 251 of the 1986 Order (accounts of subsidiary undertakings to be appended in certain cases).
(12)Omit the entry relating to Article 252(3) of the 1986 Order (3 month extension of period allowed for delivering accounts where overseas interests).
(13)For the entry relating to Article 253 of the 1986 Order (voluntary revision of annual accounts and directors’ report) substitute—“For paragraph (1) substitute—1 If it appears to the members of a limited liability partnership that any annual accounts did not comply with the requirements of this Order, they may prepare revised accounts.(a) Omit the words “, or report” in both places where they occur, and(b) omit the words “laid before the company in general meeting or.”.(a) In sub-paragraph (a), omit the words “statement or report”,(b) in sub-paragraph (b), omit the words “or reporting accountant” and the words “, statement or report”, and(c) in sub-paragraph (c)—(a) For “where the previous accounts or report” substitute “where the previous accounts”,(b) omit head (ii), and(c) omit the words from “, or where a summary financial statement” to the end.”
(14)For the entry relating to Article 253A (Department’s notice in respect of annual accounts) substitute—“(a) For sub-paragraphs (a) and (b) substitute—• “a copy of a limited liability partnership’s annual accounts has been delivered to the registrar,”, and(b) omit the words “, report or review”.”
(15)For the entry relating to Article 253B (application to court in respect of defective accounts) substitute—“”
(16)After the entry relating to Article 253B insert—“”
(17)At the beginning of the entry relating to Article 254A of the 1986 Order (special provisions for medium-sized companies) insert—“”
(18)For the entry relating to Article 255A (cases in which special provisions do not apply) substitute—“For paragraph (1B) substitute—1B A limited liability partnership is ineligible if it is a person (other than a banking limited liability partnership) who has permission under Part 4 of the Financial Services and Markets Act 2000 to carry on one or more regulated activities.”
(19)In sub-paragraph (a) of the entry relating to paragraph (1) of Article 270 of the 1986 Order (minor definition), for “and “credit institution”” substitute ““credit institution” and “quoted company””.
(20)In sub-paragraph (a) of the entry relating to paragraph (1) of Article 270A of the 1986 Order (index of defined expressions) after ““credit institution”” insert “, “quoted company””.
(21)In the entry relating to paragraph 3 of Schedule 4 to the 1986 Order (form and content of company accounts), omit the entry relating to sub-paragraph (7)(b) and (c).
(23)In the entry relating to paragraph 3 of Schedule 8 to the 1986 Order (form and content of accounts prepared by small companies), omit the reference to sub-paragraph (7)(b).
Schedule 2 · Amendments to Schedule 3 to the principal regulations
(1)Schedule 3 to the principal regulations is amended as follows.
(2)In the paragraph after the entry relating to Article 20, relating to modifications to Articles 15 and 16 of the 1989 Order where a proposal under Article 14 has been made by the limited liability partnership, for the words “an administration order is in force in relation to the limited liability partnership” substitute “the limited liability partnership is in administration”.
(3)Omit the entries relating to Articles 21, 22, 23, 24, 26 and 27 of the 1989 Order.
(4)In the entry relating to Article 70 of the 1989 Order (circumstances in which company may be wound up voluntarily)—
(5)In the entry relating to Article 107 of the 1989 Order (avoidance of property dispositions, etc.), insert in the left hand column “paragraph (1)”.
(6)In the entry relating to Article 6 of the 1989 Order (“insolvency” and “go into liquidation”) insert at the end—“”
(7)In the entry relating to Schedule A1 to the 1989 Order (moratorium where directors prepare voluntary arrangement)—
(1)For the modification to paragraph 17, sub-paragraph (2) substitute—“”
(2)After the entry relating to paragraph 48, sub-paragraph (4)(b)(ii) insert—“”
(8)Before the entry relating to Schedule 1 to the 1989 Order (powers of the administrator or administrative receiver) insert—“For sub-paragraph (1) substitute—1 A limited liability partnership may appoint an administrator.Omit sub-paragraph (2).For paragraph 62 subsitute—62 The administrator has power to prevent any person from taking part in the management of the business of the limited liability partnership and to appoint any person to be a manager of that business.At the end add the following—Paragraphs (3) and (4) of Article 78 shall apply for the purposes of this paragraph as they apply for the purposes of that Article.”
(9)In the entry relating to Schedule 7 to the 1989 Order (punishment of offences under this Order—
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