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Secretarial Compliance
All the details provided on the confirmation statement must confirm those already held on Companies House's public record at the made-up date. Companies House may reject an confirmation statement if the information contained within a return fails to match the information held on their record. Alternatively, it may choose to accept the return but highlight it as inconsistent with its public register. To change the details on the public record, it is necessary for the designated member to deliver the relevant form(s) with their LLP confirmation statement: -
LLP annual accounts obligation: all LLPs confirmation statements must be accompanied by a document filing fee. Returns sent in in the absence of this fee will face rejection.
It is a criminal offence for a designated member to fail to deliver a limited liability partnership confirmation statement within 28 days of the made-up date. The designated member may be liable for the criminal offence. To avoid a criminal offence, the designated member must ensure that they allow enough time for their LLP's confirmation statement to reach Companies House before the filing deadline.
If the filing of confirmation statement deadline falls on a Sunday or a public holiday, the law still requires the confirmation statement to reach Companies House by the due date. If using the postal service, the designated member may wish to consider paying for guaranteed methods of delivery to ensure that their return arrives on time. A designated member is liable to pay a late filing penalty, even if the postal service is responsible for the delay.
If Companies House does not receive a confirmation statement from the designated member, it may assume that the partnership is no longer in business and may strike an LLP off their public register, that is why an annual accounts obligations are so important.