With many firms making partner promotions in April and May and dealing with the attendant housekeeping, it is worth remembering that limited liability partnerships now need to maintain two new registers: a register of members and a register of members’ residential addresses.
Previously, limited liability partnerships (LLPs) did not generally need to keep a register of members, but since 1 October 2009, LLPs have been required to keep a register of members specifying:
- the names of the members;
- an address for service for each member;
- dates of birth;
- the area of the UK in which each member usually lives; and
- which of those members are designated members.
Members are entitled to inspect this register free of charge and third parties are entitled to view it on payment of a fee. If the register of members is not kept at the LLP’s registered office, the LLP must file at Companies House details of its location.
LLPs must also keep a register of members’ residential addresses. An LLP must not disclose that information to third parties unless the member consents or disclosure is pursuant to a court order. Details must be filed at Companies House but will not be shown on the public record.
The Registrar of Companies is only permitted to disclose information as to a member’s usual residential address in limited circumstances, such as to certain credit reference agencies and public authorities. Greater protection is available for those members who had the benefit of a confidentiality order prior to 1 October 2009.
Where there is any change in the name or address of a member, notice of this change must be delivered to Companies House within 14 days.
Remember that it is now possible to use an LLP’s registered office address as a service address (provided that it is a physical address and not a PO box), instead of a member’s home address; to do so you must file the relevant form (LL CH01) with Companies House and amend the register of members.
For more information on these issues please contact
Fergus Payne
or your usual Lewis Silkin contact