Limited Partnerships Act 1907

[F1 The register of limited partnerships] U.K.

Textual Amendments

F1 S. 16 and cross-heading substituted (26.10.2023 but only so far as it confers a power to make regulations or relates to the exercise of the power, otherwise prosp.) by Economic Crime and Corporate Transparency Act 2023 (c. 56), ss. 136(4), 219(1)(2)(b)

16 [F1 Inspection of statements registered.][F1 Inspection and copies of the register of limited partnerships] U.K.

[F1 (1) Any person may inspect the statements filed by the registrar F2 ...; and any person may require a certificate [F3 mentioned in section 8C], or a copy of or extract from any registered statement, to be certified by the registrar, F4 ...

(2) A certificate [F5 mentioned in section 8C] , or a copy of or extract from any statement registered under this Act, if duly certified to be a true copy under the hand of the registrar F6 ...(whom it shall not be necessary to prove to be the registrar F6 ...) shall, in all legal proceedings, civil or criminal, and in all cases whatsoever be received in evidence.]

[F1 (1) Any person may—

(a) inspect the register of limited partnerships;

(b) require a copy of any material on the register of limited partnerships that is available for inspection.

(2) The right of inspection extends to the originals of documents delivered to the registrar in hard copy form if, and only if, the record kept by the registrar of the contents of the document is illegible or unavailable (see section 1083(1) of the Companies Act 2006 for provision about the retention of hard copies by the registrar).

(3) The registrar may specify the form and manner in which an application is to be made for inspection or a copy.

(4) The registrar may determine the form and manner in which the copies are to be provided.

(5) Section 1091 of the Companies Act 2006 (certification of copies), and any regulations made under it, apply in relation to copies provided under this section as they apply in relation to the copies provided as mentioned in that section.

(6) This section has effect subject to section 16A and 16B.]

Textual Amendments

F2 Words in s. 16(1) omitted (1.10.2009) by virtue of The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 3(6)(a) (with art. 10)

F3 Words in s. 16(1) substituted (6.4.2017) by The Legislative Reform (Private Fund Limited Partnerships) Order 2017 (S.I. 2017/514), arts. 1(2), 2(13)(a)

F4 Words in s. 16(1) repealed (20.1.2007 for specified purposes) by Companies Act 2006 (c. 46), ss. 1063(7)(a)(ii), 1300(2), Sch. 16; S.I. 2006/3428, art. 3(3) (with arts. 6 8(2))

F5 Words in s. 16(2) substituted (6.4.2017) by The Legislative Reform (Private Fund Limited Partnerships) Order 2017 (S.I. 2017/514), arts. 1(2), 2(13)(b)

F6 Words in s. 16(2) omitted (1.10.2009) by virtue of The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 3(6)(b) (with art. 10)

Modifications etc. (not altering text)

C1 Functions of Board of Trade now exercisable concurrently by Secretary of State: S.I. 1970/1537, art. 2(1)(a)

[F7 16A Material not available for public inspection U.K.

(1) The registrar must not make the following material available for public inspection, so far as it forms part of the register of limited partnerships—

(a) any application or other document delivered to the registrar under section 8G, 8Q or 8W (changes of addresses by registrar) other than an order or direction of the court;

(b) so much of any document delivered to the registrar as is required to contain—

(i) a limited partnership’s registered email address,

(ii) the email address of the named contact for a general partner’s managing officer,

(iii) protected date of birth information, or

(iv) protected residential address information;

(c) so much of any statement delivered to the registrar under any of the following provisions as is required to confirm that an individual is an individual whose identity is verified (within the meaning of section 1110A of the Companies Act 2006)—

• section 8A(1F)(b);

• section 8L(3)(a) or (b);

• section 8R(7)(b);

(d) any statement delivered to the registrar by virtue of section 33(3) (documents to be delivered by authorised corporate service providers);

(e) any statement or other document delivered to the registrar by virtue of section 1067A of the Companies Act 2006 (delivery of documents: identity verification and authorised corporate service providers);

(f) any statement made in accordance with regulations made by virtue of section 1082(2)(c) of the Companies Act 2006 (statement of unique identifier);

(g) any document provided to the registrar under section 1092A of the Companies Act 2006 (power to require further information);

(h) any record of the information contained in a document or part of a document that is unavailable because of any of the previous paragraphs of this subsection;

(i) any e-mail address, identification code or password deriving from a document delivered for the purpose of authorising or facilitating electronic filing procedures or providing information by telephone;

(j) any other material excluded from public inspection by or under any other enactment.

(2) The registrar need not retain material to which subsection (1) applies for longer than appears to the registrar reasonably necessary for the purposes for which the material was delivered to the registrar.

(3) In this section—

• “protected date of birth information” means information as to the day of the month (but not the month or year) on which—

  (a)

  a partner was born, or

  (b)

  a general partner’s registered officer was born;

• “protected residential address information” means information as to the usual residential address of—

  (a)

  a partner,

  (b)

  a general partner’s registered officer, or

  (c)

  the named contact for a general partner’s managing officer.

(4) Information about a partner, registered officer or named contact does not cease to be protected date of birth information or protected residential address information when they cease to be a partner, registered officer or named contact.

(5) The restrictions on making information available for public inspection imposed by subsection (1)(h) and (i) do not affect the availability for public inspection of the same information contained in material derived from another description of document (or part of a document) in relation to which the relevant restriction does not apply.

(6) In this section “registered officer” and “named contact” have the meanings given by section 8K(4) and (5).]

Textual Amendments

F7 S. 16A inserted (26.10.2023 but only so far as it confers a power to make regulations or relates to the exercise of the power, otherwise prosp.) by Economic Crime and Corporate Transparency Act 2023 (c. 56), ss. 137(1), 219(1)(2)(b)

[F8 16B Records relating to dissolved or deregistered limited partnerships U.K.

(1) This section applies where a limited partnership is dissolved or deregistered under section 26.

(2) The registrar need not make any information contained in records relating to the limited partnership available for public inspection at any time after the end of the period of 20 years beginning with the date on which the limited partnership is dissolved or deregistered.

(3) The registrar of companies for England and Wales may, at any time after the period of two years beginning with the date on which the limited partnership is dissolved or deregistered, direct that any records relating to the limited partnership that are held by the registrar are to be removed to the Public Record Office.

(4) The registrar of companies for Northern Ireland may, at any time after the period of two years beginning with the date on which the limited partnership is dissolved or deregistered, direct that any records relating to the limited partnership that are held by the registrar are to be removed to the Public Record Office of Northern Ireland.

(5) Records in respect of which a direction is given under subsection (3) or (4) are to be disposed of under the enactments relating to the Public Record Office or, as the case may be, the Public Record Office of Northern Ireland.]

Textual Amendments

F8 S. 16B inserted (26.10.2023 but only so far as it confers a power to make regulations or relates to the exercise of the power, otherwise prosp.) by Economic Crime and Corporate Transparency Act 2023 (c. 56), ss. 138, 219(1)(2)(b)