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S.I. No. 488/2024 - Legal Services Regulation Act 2015 (Limited Liability Partnerships) Regulations 2024

Type Statutory Instrument

Publication 2024-09-27

State In force

Text As published

Source Irish Statute Book

articles 11

This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.

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Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 27th September, 2024.

The LEGAL SERVICES REGULATORY AUTHORITY, in exercise of the powers conferred on it by section 130 of the Legal Services Regulation Act 2015 (No. 65 of 2015), hereby makes the following Regulations.

Citation

1.

These Regulations may be cited as the Legal Services Regulation Act 2015 (Limited Liability Partnerships) Regulations 2024.

Definitions

2.

(1) In these Regulations, unless the context otherwise requires –

“Act of 1994” means the Solicitors (Amendment) Act 1994 (No. 27 of 1994), as amended;

“Act of 2015” means the Legal Services Regulation Act 2015 , as amended;

“application” means an application for authorisation pursuant to section 125(2) of the Act of 2015 and these Regulations;

“application fee” means the fee as prescribed in Schedule 1 of these Regulations to accompany the application;

“authorisation” means an authorisation by the Authority to operate a relevant business as a limited liability partnership pursuant to section 125(4) of the Act of 2015;

“cessation notification” means a notification made to the Authority, in accordance with section 129 of the Act of 2015 and these Regulations, that a limited liability partnership intends to cease operating as a limited liability partnership;

“cessation notification fee” means the fee as prescribed in Schedule 1 of these Regulations to accompany a cessation notification;

“LLP” means a limited liability partnership;

“membership alteration notification” means a notification made to the Authority in accordance with Regulation 7(1) of these Regulations of an alteration to the membership of a limited liability partnership;

“membership alteration notification fee” means the fee as prescribed in Schedule 1 of these Regulations to accompany a membership alteration notification;

“name alteration notification” means a notification made to the Authority in writing in accordance with Regulation 8(2) of these Regulations of an alteration to the name of the limited liability partnership;

“partner” means a partner in an LLP and shall include, where the context so permits or requires, a person being held out as a partner in that LLP;

“Register of LLPs” means a register of LLPs established and maintained by the Authority in accordance with section 126 of the Act of 2015;

“Regulation” means a regulation in these Regulations;

“relevant business” means (a) a partnership of solicitors, or (b) a legal partnership in accordance with section 99 of the Act of 2015;

“relevant date” means the date specified in an authorisation given by the Authority from which the authorisation shall have effect;

“relevant form” means -

(a) in relation to an application under section 125 of the Act of 2015, the form prescribed in Schedule 2,

(b) in relation to a cessation notification under section 129 of the Act of 2015, the form prescribed in Schedule 2,

“Solicitors Acts 1954 to 2015” refers to the Solicitors Acts 1954 to 2011 and Part 13 of the Act of 2015.

Application for authorisation

3.

(1) A relevant business that wishes to operate as an LLP shall make an application for authorisation in accordance with these Regulations.

(2) An application shall include the following:

(a) the relevant form duly completed, and

(b) the application fee.

(3) An application may be made either by:

(a) delivery by post to the Authority of the duly completed form and payment by electronic funds transfer of the application fee, or

(b) electronic delivery of the duly completed form to the Authority and payment by electronic funds transfer of the application fee, or

(4) An authorisation given by the Authority shall have effect from the relevant date.

Operation of LLP

4.

(1) A legal partnership that is authorised as an LLP shall operate in accordance with the provisions of the Act of 2015 that are applicable to legal partnerships and of regulations that are issued from time to time by the Authority thereunder (including under section 116 of the Act of 2015).

(2) A partnership of solicitors that is authorised as an LLP shall operate in accordance with the applicable provisions of the Act of 2015, and of regulations that are issued from time to time by the Authority thereunder, and with the applicable provisions of the Solicitors Acts 1954 to 2015 and regulations issued thereunder.

Information to be provided by an LLP to clients and creditors

5.

(1) As soon as practicable after the relevant date, the LLP shall provide the following information to its clients and creditors:

(a) that it has been authorised to operate and is operating as an LLP;

(b) the relevant date;

(c) that, from the relevant date, as set out in section 123 of the Act of 2015 (subject to the exceptions listed therein), a partner in the LLP has no personal liability for any debts, obligations or liabilities which are incurred for the purpose of carrying on the business of the LLP (whether these are liabilities of the LLP, of himself or herself, of another partner or partners in the LLP or of any employee, agent or representative of the LLP);

(d) that (c) above relates only to the personal liability of partners and does not prevent or restrict the enforcement against the property of the LLP of any debt, obligation or liability;

(e) that from the relevant date the Partnership Act 1890 applies to the LLP to the extent that it is not inconsistent with Chapter 3 of Part 8 of the Act of 2015; and

(f) that, where an LLP is also a legal partnership, the LLP is subject to the Act of 2015 (and, in particular, section 45(1) and Part 8 thereof) and with the Legal Services Regulation Act 2015 (Legal Partnership) Regulations for the time being in force.

Information to be provided by an LLP to the Authority

6.

(1) An LLP shall immediately give notice in writing to the Authority if the professional indemnity insurance required in respect of that LLP pursuant to regulations made under section 47 of the Act of 2015 or section 26 of the Act of 1994 for the time being in force or both, as applicable, ceases to be in place.

(2) An LLP shall, for the purposes of complying with section 126(3) of the Act of 2015, notify the Authority of any inaccuracy in the particulars recorded in the Register of LLPs, as soon as practicable upon the LLP becoming aware of same.

(3) An LLP shall immediately notify the Authority in writing in the event that a partner or partners in the LLP is or are subject to restriction, suspension, censure, or, is or are determined to have been guilty of misconduct in connection with the provision of legal services, or is or are convicted of an arrestable offence.

(4) The Authority may at any time after the relevant date, where the Authority deems it appropriate and reasonable to do so, require an LLP to do either or both of the following within such period as may be specified by the Authority–

(a) confirm in writing to the Authority the accuracy of all or any specified part or parts of the information provided or of the details entered in the register;

(b) submit to the Authority such relevant report, certificate, or other documentation which the Authority may require.

Membership alteration

7.

(1) An LLP shall immediately inform the Authority by way of membership alteration notification of any alteration to the membership of the partnership, where such alteration does not cause the dissolution of the partnership pursuant to the Partnership Act 1890. Such notification shall be accompanied by the membership alteration notification fee.

(2) A membership alteration notification may be made either by:

(a) delivery by post to the Authority of the duly completed form and payment by electronic funds transfer of the membership alteration notification fee, or

(b) electronic delivery of the duly completed form to the Authority and payment by electronic funds transfer of the membership alteration notification fee, or

Alteration of name of an LLP

8.

(1) The LLP shall at all times use the name of the LLP that has been entered in the Register of LLPs.

(2) Where an LLP wishes to alter the name of the LLP, it shall notify the Authority in writing by way of name alteration notification at the earliest opportunity.

(3) A name alteration notification may be made either by:

(a) the delivery by post to the Authority of a written notification,

(b) the electronic delivery of a written notification to the Authority, or

(4) Where an LLP makes a name alteration notification, the Authority shall update the Register of LLPs with the altered name and shall retain reference to the previous name as a footnote to the altered entry.

(5) Where an LLP makes a name alteration notification to the Authority, and where the register is duly updated by the Authority, the LLP shall notify the clients and creditors of the LLP of the alteration of the name of the previously authorised LLP and shall provide to those clients and creditors the information specified at Regulation 5 of these Regulations.

(6) For the avoidance of doubt nothing in this Regulation shall be deemed to affect any obligation of a legal partnership to apply for approval of a name pursuant to Regulations made under section 116 of the Act of 2015 or any obligation of a firm of solicitors to apply for approval of name pursuant to the Solicitors Acts 1954 to 2015 or any Regulations made thereunder by the Law Society.

Ceasing to operate as an LLP

9.

(1) Where an LLP intends to cease operating as an LLP, it shall make a cessation notification to the Authority.

(2) A cessation notification shall include the following:

(a) the relevant form duly completed; and

(b) the cessation notification fee.

(3) A cessation notification may be made either by -

(a) the delivery by post to the Authority of the relevant form duly completed and the payment by electronic funds transfer of the cessation notification fee, or

(b) the electronic delivery of the relevant form duly completed to the Authority and the payment by electronic funds transfer of the cessation notification fee, or

Fees

10.

The fee payable to the Authority for an application, a cessation notification or a membership alteration notification shall be as prescribed in Schedule 1 to these Regulations.

Revocation

11.

The Legal Services Regulation Act 2015 (Limited Liability Partnerships) (Section 130) Regulations 2019 ( S.I. No. 519 of 2019 ) are revoked.

GIVEN under the Official Seal of the Legal Services Regulatory Authority,

26 September 2024.

DON THORNHILL

Chairperson of the Legal Services Regulatory Authority

BRIAN J. DOHERTY

Chief Executive Officer of the Legal Services Regulatory Authority

SCHEDULE 1 Fees


FEE	AMOUNT IN EURO
(a) application fee	575
(b) cessation notification fee	250
(c) membership alteration notification fee	250

SCHEDULE 2 FORM NO. 1

*APPLICATION FORM*

APPLICATION FOR AUTHORISATION TO OPERATE AS A LIMITED LIABILITY PARTNERSHIP UNDER SECTION 125 OF THE LEGAL SERVICES REGULATION ACT 2015

Section 1 – Application

I, ........................................., a partner in the relevant business named below, it being a relevant business as defined in section 99 of the Legal Services Regulation Act 2015 , hereby apply to the Legal Services Regulatory Authority for authorisation for the relevant business to operate as a limited liability partnership.

Section 2 – Relevant business

Nature of the relevant business (i.e. partnership of solicitors or legal partnership): ................................................................................................

Name of the relevant business: ...........................................................

Principal address of the relevant business:

................................................................................................

If applicable, Law Society firm no.: ....................................................

If applicable, legal partnership reference no.: ..........................................

Telephone number: ........................................................................

Email address: .............................................................................

Section 3 – Partner information

I have entered the name, work address and professional details of each and every partner in the relevant business in the attached schedule.

Section 4 – Professional indemnity insurance

I confirm that the relevant business has in place professional indemnity insurance which complies with regulations made under section 47 of the Legal Services Regulation Act 2015 or under section 26 of the Solicitors Act 1994 for the time being in force or both, as applicable. I confirm the following policy details:

I confirm the following details of policy or policies, as appropriate:

Name of insurer and broker if applicable: ...........................................

Policy Number: ..........................................................................

Name of insurer and broker if applicable: .............................................

Policy Number: ............................................................................

Name of insurer and broker if applicable: .............................................

Policy Number: ............................................................................

Section 5 – Confirmation of fee paid

I confirm that the application fee of €575.00 was transferred to the Legal Services Regulatory Authority bank account on ............................. (date) using the relevant business name above.

Section 6 - Consent to use of data

By submitting this application the partners consent to the use of the data therein by the Legal Services Regulatory Authority in the carrying out of its functions under the Legal Services Regulation Act 2015 . The Legal Services Regulatory Authority may share the information within this application with the Law Society of Ireland, the Bar of Ireland, the Honorable Society of King’s Inns and the partnership’s insurer(s) and broker(s), if applicable, for the purpose of verifying the data provided. By submitting this application the partners consent to the provision by the Law Society of Ireland, the Bar of Ireland, the Honorable Society of King’s Inns and the relevant insurer(s) and broker(s), if applicable to the Legal Services Regulatory Authority of any information sought by the Legal Services Regulatory Authority by way of verification of the within application.

Dated this day of 20.

........................................... Signature.

*SCHEDULE TO THE APPLICATION FOR AUTHORISATION*

LIST OF PARTNERS

The name of the partners listed below should appear exactly as per the roll of practising barristers or the roll of solicitors, as appropriate.


Name of Partner	Practising Barrister (PB)/Practising Solicitor	Work address (If different from the principal address)	PB No./ Solicitor No.

The Statutory Declaration below should be completed by the person submitting the application

*STATUTORY DECLARATION*

I, ......................................., do solemnly and sincerely declare that to the best of my knowledge and belief the contents of the within application and the schedule thereto are true and correct and I make this solemn declaration conscientiously believing the same to be true and by virtue of the Statutory Declarations Act 1938 .

Signed: ...............................................

Declared before me...................................................... [name in capitals] a [notary public] [commissioner for oaths] [peace commissioner] [person authorised by [insert authorising statutory provision].......................................... to take and receive statutory declarations] by ...................................

[who is personally known to me],

[who is identified to me by ................................................. who is personally known to me]

[whose identity has been established to me before the taking of this Declaration by the production to me of passport no. ........................ issued on ........................ by the authorities of ....................., which is an authority recognised by the Irish Government]

national identity card no. ........................ issued on ........................ by the authorities of ........................ [which is an EU Member State, the Swiss Confederation or a Contracting Party to the EEA Agreement]

[Aliens Passport no. (document equivalent to a passport) ........................ issued on ........................ by the authorities of ........................ which is an authority recognised by the Irish Government]

refugee travel document no. ........................ issued on ........................ by the Minister for Justice, Equality and Law Reform]

travel document (other than refugee travel document) ........................ issued on ........................ by the Minister for Justice, Equality and Law Reform

at ........................ [place of signature] this ...... day of ............... [date]

......................................

[signature of witness].

FORM NO. 2

*CESSATION NOTIFICATION FORM*

NOTIFICATION OF INTENTION TO CEASE OPERATING AS A LIMITED LIABILITY PARTNERSHIP UNDER SECTION 129(1) OF THE LEGAL SERVICES REGULATION ACT 2015

Section 1 – Notification of cessation

I, ................................................. , a partner in the limited liability partnership named below, hereby give notice to the Legal Services Regulatory Authority that the limited liability partnership intends to cease operating as a limited liability partnership.

The cessation date will be ...........................................

Section 2 – Partnership information

Name of the limited liability partnership: ...............................................

Principal address of the limited liability partnership: .................................

Limited liability partnership reference number: .......................................

Section 3 – Confirmation of fee paid

I confirm that the cessation fee of €250.00 was transferred to the Legal Services Regulatory Authority bank account on ........................... (date) using the relevant business name above.

Section 4 – Consent to use of data

By submitting this notification the partners consent to the use of the data therein by the Legal Services Regulatory Authority in the carrying out of its functions under the Legal Services Regulation Act 2015 . The Legal Services Regulatory Authority may share the information within this notification with the Law Society of Ireland, the Bar of Ireland, the Honorable Society of King’s Inns and the partnership’s insurer(s) and broker(s), if applicable, for the purpose of verifying the data provided. By submitting this notification the partners consent to the provision by the Law Society of Ireland, the Bar of Ireland, the Honorable Society of King’s Inns and the relevant insurer(s) and broker(s), if applicable, to the Legal Services Regulatory Authority of any information sought by the Legal Services Regulatory Authority by way of verification of the within notification.

Dated this day of 20 .

........................................... Signature.

The Statutory Declaration below should be completed by the person submitting the notification

*STATUTORY DECLARATION*

I, ......................................., do solemnly and sincerely declare that to the best of my knowledge and belief the contents of the within notification are true and correct and I make this solemn declaration conscientiously believing the same to be true and by virtue of the Statutory Declarations Act 1938 .

Signed: ...............................................

[who is personally known to me],

[who is identified to me by ................................................. who is personally known to me]

refugee travel document no. ........................ issued on ........................ by the Minister for Justice, Equality and Law Reform]

travel document (other than refugee travel document) ........................ issued on ........................ by the Minister for Justice, Equality and Law Reform

at ........................ [place of signature] this ...... day of ............... [date]

......................................

[signature of witness].

FORM NO. 3

*MEMBERSHIP ALTERATION NOTIFICATION FORM*

FORM NOTIFYING THE LEGAL SERVICES REGULATORY AUTHORITY OF ALTERATION TO THE MEMBERSHIP OF A LIMITED LIABILITY PARTNERSHIP

Section 1 - Notification

I, ........................................., a partner in the limited liability partnership named below, hereby notify the Legal Services Regulatory Authority of an alteration to the membership of the limited liability partnership.

Section 2 – Partnership information

Full name of the limited liability partnership: ........................................

Principal address of the limited liability partnership: ................................

Limited liability partnership reference number:.......................................

Section 3 – Alteration information

I have entered the name, address and professional details of each and every partner for whom an alteration is required in the attached schedule.

Section 4 – Confirmation of fee paid

I confirm that the membership alteration notification fee of €250.00 was transferred to the Legal Services Regulatory Authority bank account on ............................... (date) using the relevant business name above.

Section 5 – Consent to use of data

Dated this day of 20 .

........................................... Signature.

*SCHEDULE TO MEMBERSHIP ALTERATION NOTIFICATION*

LIST OF PARTNERS

The details of the partner(s) listed below should be added to/removed from the list of partners in the limited liability partnership. The name of the partners should appear exactly as per the roll of practising barristers or the roll of solicitors, as appropriate.

Alteration 1

Name of partner: .........................................................................

Nature of the alteration: Addition/Removal (delete as appropriate)

Address of partner: ........................................................................

Practising Barrister (PB) No. / Solicitor No.: ..........................................

Alteration 2

Name of partner: .........................................................................

Nature of the alteration: Addition/Removal (delete as appropriate)

Address of partner: ........................................................................

Practising Barrister (PB) No. / Solicitor No.: ..........................................

Alteration 3

Name of partner: .........................................................................

Nature of the alteration: Addition/Removal (delete as appropriate)

Address of partner: ........................................................................

Practising Barrister (PB) No. / Solicitor No.: ..........................................

The Statutory Declaration below should be completed by the person submitting the notification

*STATUTORY DECLARATION*

I, ......................................., do solemnly and sincerely declare that to the best of my knowledge and belief the contents of the within notification and the schedule thereto are true and correct and I make this solemn declaration conscientiously believing the same to be true and by virtue of the Statutory Declarations Act 1938 .

Signed: ...............................................

[who is personally known to me],

[who is identified to me by ................................................. who is personally known to me]

refugee travel document no. ........................ issued on ........................ by the Minister for Justice, Equality and Law Reform]

travel document (other than refugee travel document) ........................ issued on ........................ by the Minister for Justice, Equality and Law Reform

at ........................ [place of signature] this ...... day of ............... [date]

......................................

[signature of witness].

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

The purpose of these Regulations is to set out rules in relation to the operation and management of limited liability partnerships.

This document does not substitute the official text published in the Irish Statute Book. We accept no responsibility for any inaccuracies arising from the transcription of the original into this format.

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