Limited liability partnerships will 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, something which limited companies have long been required to do. However, with effect from 1 October 2009, LLPs must keep a register of members specifying:
- the names of the members;
- an address for service for each member;
- dates of birth;
- 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. Details must be filed at Companies House. 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.
The provisions of the Companies Act 2006 relating to directors’ residential addresses now also apply to LLP members, to ensure that their addresses are not open to abuse and to ensure consistency for any company director who is also a member of an LLP.
As a consequence, an LLP must also keep a register of members’ residential addresses with effect from 1 October 2009. It must not disclose that information to third parties unless the member consents or 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.
For more information on these issues please contact
Fergus Payne
or your usual Lewis Silkin contact