The Limited Partnerships (Forms) Rules 2009

Made: 31st July 2009

Coming into force: 1st October 2009

The Secretary of State makes the following Rules in exercise of the powers conferred by section 17 of the Limited Partnerships Act 1907[^f00001] and now vested in the Secretary of State[^f00002].

Citation, commencement and interpretation

1

• (1) These Rules may be cited as the Limited Partnerships (Forms) Rules 2009 and come into force on 1st October 2009.

• (2) In these Rules—

• (a) “the 1907 Act” means the Limited Partnerships Act 1907; and

• (b) “the 1907 Rules” means the Limited Partnerships Rules 1907[^f00003].

Revocation of the Limited Partnerships Rules 1907

2

The 1907 Rules (except for rule 3) are revoked[^f00004].

Forms to be used for the purpose of the Limited Partnerships Act 1907

3

• (1) The form in Part 1 of the Schedule must be used for any application for the registration of a limited partnership under the 1907 Act.

• (2) The form in Part 2 of the Schedule must be used for any statement sent or delivered to the registrar under section 9 of the 1907 Act.

SCHEDULE — FORMS TO BE USED FOR THE PURPOSES OF THE LIMITED PARTNERSHIPS ACT 1907

PART 1 — FORM FOR REGISTRATION OF LIMITED PARTNERSHIPS

PART 2 — FORM FOR REGISTERING CHANGES TO LIMITED PARTNERSHIPS

Signed

Ian Lucas — Minister for Business and Regulatory Reform, — Department for Business, Innovation and Skills — 31st July 2009

Explanatory note

(This note is not part of the Rules)

EXPLANATORY NOTE

These Rules replace most of the provisions of the Limited Partnerships Rules 1907 (“the 1907 Rules”). In doing so they replace the forms which are to be used for registering limited partnerships, and for registering changes to existing limited partnerships, under the Limited Partnerships Act 1907 (“the 1907 Act”).

The Rules do not re-enact rule 2 of the 1907 Rules, which provided for the division of responsibilities between the offices of the registrar of joint stock companies. Such provision is unnecessary as a result of amendments made to sections 15 and 16 of the 1907 Act by paragraph 3 of Schedule 1 to the Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941).

Regulation 3 of the 1907 Rules provided for fees payable to the registrar. The powers to set fees under the 1907 Act were repealed on 6th April 2007 by section 1063(7) of the Companies Act 2006. But savings in paragraph 6 of Schedule 1 to the Companies Act 2006 (Commencement No.1, Transitional Provisions and Savings) Order 2006 (S.I.2006/3428 (C.132)) (“the First Commencement Order”) preserved the fees set under section 16 of the 1907 Act (inspection of statements registered) and saved rule 3(a) of the 1907 Rules (fee for original registration). These Rules revoke neither rule 3(a) of the 1907 Rules nor the savings for limited partnerships fees in the First Commencement Order.

An Impact Assessment has not been produced for these Regulations as they have no impact on the costs of business, charities or voluntary bodies.

Footnotes

[^f00001]: 1907 c.24; section 17 was amended by section 1063(7) of the Companies Act 2006 (c.46).

[^f00002]: See S.I. 1970/1537.

[^f00003]: S.I. 1907/1020, amended by S.I. 1972/1040, 1974/560.

[^f00004]: Rule 3(a), (c) and (d) of S.I. 1907/1020 was revoked as a result of amendments made to sections 16 and 17 of the Limited Partnerships Act 1907 by section 1063(7) of the Companies Act 2006 (c.46); but rule 3(a) and the fees appointed in rule 3(c) and (d), as modified by section 10(1) of the Decimal Currency Act 1969 (c.19) were saved by S.I. 2006/3428 (C.132), Schedule 5, paragraph 6(2). Rule 3(b) was revoked by S.I. 1972/1040.