UK: England and Wales: Guernsey limited partnership not a company or 'hybrid' company

Last month, in Pillar Securitisation SARL & Ors v Spicer & Anor (Court Administrators) [2010] EWHC 836 (Ch), Mrs Justice Proudman held that administrators had not been validly appointed in respect of a limited partnership formed under the Limited Partnership (Guernsey) Law 1995 (available here, pdf) and which was a body corporate.

The administrators’ appointment had been made on Form 2.10B, which applied where the appointment was made in respect of a company. Mrs Justice Proudman held that a limited partnership was not a company under Guernsey law or within the definition of a company provided in Schedule B1 of the Insolvency Act 1986. Her Ladyship held that legislation was needed for the partnership to fall within the Schedule B1 definition. She also rejected the argument, based on a beneficent construction of the rules about prescribed forms, that the limited partnership should be regarded as a “hybrid” company because it was a body corporate with legal personality: "I do not think there is such a thing as a hybrid" she observed (para. [38]).

UK: the Company, Limited Liability Partnership and Business Names (Public Authorities) Regulations 2009

A draft copy of the Company, Limited Liability Partnership and Business Names (Public Authorities) Regulations 2009 was published on OPSI earlier this week: see here (html) and here (pdf). The accompanying explanatory memorandum explains:

The Regulation specifies 26 public authorities and, for each, the body that must be consulted by a person wishing to adopt a name that suggests a connection to it. These public authorities are all independent of HM Government and are thus not covered by the continuing requirement for prior approval for names that suggest connection to HM Government under section 54(1)(a) or 1193(1)(a) of the [Companies Act] 2006".

UK: the Companies Act 2006 and Limited Liability Partnerships (Transitional Provisions and Savings) (Amendment) Regulations 2009

The Companies Act 2006 and Limited Liability Partnerships (Transitional Provisions and Savings) (Amendment) Regulations 2009 were laid before Parliament on 10 September and come into force on 1 October 2009 (with the exception of paragraph (2) of regulation 2, which comes into force on 30 September and which will cause Section 22(2) of the Companies Act (2006) not to come into force on 1 October).

A copy of the Regulations has been published today on OPSI: see here (html) and here (pdf). The Regulations make amendments concerning: the property of a dissolved company or limited liability partnership; entrenched provisions of a company's articles of association; and company and business names which suggest a connection with the Welsh Assembly Government. Further information is available in the accompanying explanatory memorandum.