Regulation 31 Contents and delivery of LLP’s annual return

Section 858^f1 applies to LLPs, modified so that it reads as follows—

“Failure to deliver annual return

858.

(1)

If an LLP fails to deliver an annual return before the end of the period of 28 days after a return date, an offence is committed by—

(a)

the LLP, and

(b)

subject to subsection (4), every designated member of the LLP.

(2)

A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale and, for continued contravention, a daily default fine not exceeding one-tenth of level 5 on the standard scale.

(3)

The contravention continues until such time as an annual return made up to that return date is delivered by the LLP to the registrar.

(4)

It is a defence for a designated member charged with an offence under subsection (1)(b) to prove that he took all reasonable steps to avoid the commission or continuation of the offence.

(5)

In the case of continued contravention, an offence is also committed by every designated member of the LLP who did not commit an offence under subsection (1) in relation to the initial contravention but is in default in relation to the continued contravention.

A person guilty of an offence under this subsection is liable on summary conviction to a fine not exceeding one-tenth of level 5 on the standard scale for each day on which the contravention continues and he is in default.”.