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Government review to press for foreign LLP disclosure

Author: charlotte.edmond@legalweek.com

Published: 22/11/2007 02:32

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US limited liability partnerships (LLPs) operating in the UK remain at risk of having to disclose their financial results following Government proposals published last week.

The paper, unveiled by the Department for Business Enterprise & Regulatory Reform (BERR), proposes that the Government require all foreign-registered partnerships to disclose key information. However, it will consult further on precisely what this information will be.

Many US firms had hoped the proposals would not include a reference to the treatment of overseas LLPs, which is a controversial issue that was opposed by US firms last time it was floated back in 2001. Overseas LLPs are different to equivalent UK structures as they do not have to disclose their accounts.

The BERR is also preparing for further discussion on the costs and benefits of treating overseas partnerships in a similar way to overseas companies under the Companies Act. In particular, it is seeking views on how to define an overseas LLP.

The LLP regime in Great Britain will also be rolled out to Northern Ireland, which currently has a separate scheme.

The Government is preparing to introduce two separate sets of regulations relating to the accounts of LLPs, one governing the accounts of small partnerships and one to cover those of larger LLPs.

The Government aims to publish draft regulations in mid-2008. Following the delay to the implementation of parts of the Companies Act announced at the beginning of the month, the requirements for LLPs will also be put back to October 2009.

The consultation, which began in February, received 34 responses. Clifford Chance and DLA Piper were the only law firms to respond, while the law societies of England and Wales and Scotland also submitted replies.

Partnership specialist Ronnie Fox said most UK firms were in favour of the proposals. He commented: “What I would really welcome is a willingness to treat all partnerships and LLPs in the same way as UK partnerships and LLPs. We should be working on a level playing field.

“The Government obviously has some concerns about what benefits will be conferred to overseas LLPs, but everyone is keen to see these regulations implemented.”

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