Limited Liability Partnerships Act 2005 · 2020 Revised Edition · Part 6A · Register of Controllers
53. Power to enforce
Feedback & supportLast amended by an amending law of 2024. 2 amendments in all.
The Registrar or an officer of the Authority may —
Registrar
“Registrar” means the Registrar of Limited Liability Partnerships appointed under section 3(2)(a) and includes any Deputy Registrar or Assistant Registrar appointed under section 3(2)(b);
require a limited liability partnership to which this Part applies to produce its register and any other document relating to that register or the keeping of that register;
inspect, examine and make copies of the register and any document so produced; and
make any inquiry that may be necessary to ascertain whether the provisions of this Part are complied with.
Where any register or document mentioned in subsection (1) is kept in electronic form —
the power of the Registrar or an officer of the Authority in subsection (1)(a) to require the register or any document to be produced includes the power to require a copy of the register or document to be made available in legible form and subsection (1)(b) applies accordingly in relation to any copy so made available; and
the power of the Registrar or an officer of the Authority under subsection (1)(b) to inspect the register or any document includes the power to require any person on the premises in question to give the Registrar or the officer of the Authority any assistance that the Registrar or officer may reasonably require to enable the Registrar or officer to inspect and make copies of the register or document in legible form, and to make records of the information contained in them.
The powers conferred on the Registrar or an officer of the Authority under subsections (1) and (2) may be exercised by a public agency to enable the public agency to administer or enforce any written law.
officer
“officer”, in relation to a limited liability partnership, means —(a)any manager of the limited liability partnership;(b)a receiver and manager of any part of the undertaking of the limited liability partnership appointed under a power contained in any instrument; or(c)any liquidator of the limited liability partnership appointed in a voluntary winding up,but does not include —(d)any receiver who is not also a manager;(e)any receiver and manager appointed by the General Division of the High Court; or(f)any liquidator appointed by the General Division of the High Court or by the creditors;
Any person who fails to comply with any requirement imposed under subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $25,000.
Despite section 79, a person who, in complying with a requirement imposed, or in answering an inquiry made, under subsection (1) or (2), provides any information that is false or misleading in a material particular to the Registrar or an officer of the Authority, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $25,000.
In proceedings for an offence under subsection (4A), it is a defence to the charge for the accused to prove, on a balance of probabilities, that the accused took all reasonable steps and exercised all due diligence to ensure that the information provided was not false or misleading.
This section applies in addition to any power of the Registrar or an inspector under section 77 or 78.
In this section, “public agency” means a public officer, an Organ of State or a ministry or department of the Government, or a public authority established by or under any public Act for a public purpose or a member, an officer or an employee, or any department, of the public authority.[32L