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Q: Limited Liability Partnerships in UK ( Answered 5 out of 5 stars,   1 Comment )
Question  
Subject: Limited Liability Partnerships in UK
Category: Reference, Education and News > General Reference
Asked by: davejanderson-ga
List Price: $3.50
Posted: 30 Dec 2005 03:09 PST
Expires: 29 Jan 2006 03:09 PST
Question ID: 611229
Limited Liability Partnerships in Scotland, does one have to display a
list of all of the members of the LLP anywhere, for example in their
registered office, if so does it have to take a certain form?
Answer  
Subject: Re: Limited Liability Partnerships in UK
Answered By: answerfinder-ga on 30 Dec 2005 04:51 PST
Rated:5 out of 5 stars
 
Dear davejanderson-ga, 

The list of members of the LLP does not have to be displayed, but the
name of the LLP must be displayed ?outside of every office or place in
which its business is carried on - even if it is a member's home.? and
on various company documents. As in the case of limited liability
companies, members of the public can obtain the names of the members
of the LLP from Companies House Scotland.

The relevant legislation which covers Scotland, England and Wales is, 

Limited Liability Partnership Act 2000 
http://www.opsi.gov.uk/acts/acts2000/20000012.htm

Limited Liability Partnership Regulations 2001. 
http://www.opsi.gov.uk/si/si2001/20011090.htm

This link to Companies House sets out in easily readable terms the
requirements of the legislation concerning publication of the name of
the LLP.
http://www.companieshouse.gov.uk/about/gbhtml/gbllp1.shtml#six

It is also set out on this commercial web site.
?General Information on Limited Liability Partnerships (LLPs), UK?
http://www.laveco.com/detail.php?lang=en&link=uk_llp

I hope this answers your question. If it does not, or the answer is
unclear, then please ask for clarification of this research before
rating the answer. I shall respond to the clarification request as
soon as I receive it.
Thank you
answerfinder

Request for Answer Clarification by davejanderson-ga on 30 Dec 2005 05:52 PST
Thank you for your response, i do request further clarification
however as i agree the acts you have pointed me to do not explicity
state a list as a requirement, however does the Business Names Act
1985 seems to suggest otherwise?

Clarification of Answer by answerfinder-ga on 30 Dec 2005 07:35 PST
Thank you for your clarification, You are quite right to point out
that only looked at the Companies Act legislation.

The Business Names Act 1985 applies to LLPs and you must list the
members of the partnership IF YOU DO NOT TRADE UNDER THE LLP NAME (I
do not know if this is the case with your example).

Business Names Act 1985 (half way down the page on this link)
Person subject to this Act
?in the case of a limited liability partnership, does not consist of
its corporate name without any addition other than one so permitted.?

If that is the case then under Section 4. 1. a. you are required to
list the corporate name and the name of each member (unless more than
20). Not only on documents but at the place of business.
?display in a prominent position so that it may easily be read by such
customers or suppliers a notice containing such names and addresses.
http://www.ukcorporator.co.uk/business_names.php

The Surrey County Council web site on Trading Standards Business
Advice has some suggest layouts for this information but they do state
that ?there are no rules governing the way you display on your
premises the business name with the owner's name and address.?
http://www.surreycc.gov.uk/sccwebsite/sccwspages.nsf/LookupWebPagesByTITLE_RTF/Business+Names+Act+1985?opendocument


Additional information from Companies House.

?Who does the Business Names Act apply to? 
It applies to: 
a company which trades under a name which is not its corporate name,
for example, 'XYZ Limited' trading as 'Fish Antiques';
What details must be disclosed about a business?

You will need to disclose (as appropriate):

    * the corporate name; or
    * the name of each partner; or
    * the individual person's name; and
    * in relation to each person named, an address at which documents
can be served.

3. Where must this information be shown?

You will need to show the information clearly in all:

    * the places where you carry on your business and where you deal
with customers or suppliers;
    * business letters;
    * written orders for the supply of goods or services;
    * invoices and receipts;
    * written demands for the payment of business debts.?
http://www.companieshouse.gov.uk/about/gbhtml/gbf3.shtml


This booklet is about how to incorporate your practice as a limited
liability partnership from the English Law Society

?Section 348 of the Companies Act (as applied by the Limited Liability
Partnership Regulations 2001) requires an LLP to paint or affix its
name on the outside of every office or place in which its business is
carried on, in a conspicuous position and in letters reasonably
legible. If the LLP uses a trading name, it must also comply with the
Business Names Act 1985 (as applied by the Limited Liability
Partnership Regulations 2001), under which the full corporate name of
the LLP, and a list of the members if there are 20 or fewer members,
must be included on the notepaper and invoices.?

?Business Names Act 1985 
If the LLP is using a trading name other than the LLP?s full corporate
name, section 4 of the Business Names Act 1985 (as applied by the
Limited Liability Partnership Regulations 2001) requires the LLP to
put the following particulars on its business letters, orders for
goods and services, invoices, receipts and demands for payment: . the
LLP?s full corporate name;
the LLP?s principal place of business; and 
a list of the LLP?s members (or, where there are more than 20 members,
a statement that the list is open to inspection at that place).
http://www.lawsociety.org.uk/documents/downloads/Profethics_RecBodies_LLPs.pdf


I believe that I have now found all the relevant information but do
not hesitate to ask for any further clarification.

answerfinder-ga
davejanderson-ga rated this answer:5 out of 5 stars and gave an additional tip of: $1.00
thank you

Comments  
Subject: Re: Limited Liability Partnerships in UK
From: answerfinder-ga on 30 Dec 2005 09:49 PST
 
Dear davejanderson-ga,
Thank you for the tip. Pleased I could help.
answerfinder-ga

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