Partnership Regulation 1997 (NSW)

Part 1Preliminary1Name of Regulation

This Regulation is the Partnership Regulation 1997.

2Commencement

This Regulation commences on 1 September 1997.

3Definition

In this Regulation:

the Act means the Partnership Act 1892.

4Notes

The explanatory note and table of contents do not form part of this Regulation.

Part 2Limited partnerships5Application for registration of limited partnership

A statement made for the purpose of applying for the registration of a limited partnership under section 54 of the Act must contain the following particulars (in addition to the other particulars required by that section):

• (a)

  the date and place of birth of each proposed partner,

• (b)

  the provisions, if any, that the proposed partners have agreed will apply should the proposed partnership be dissolved.

6Registered office of limited partnership

The registered office of a limited partnership is to be open and accessible to the public between 9 am and 5 pm on each day that is not a Saturday, Sunday or public holiday.

7Declaration of limited partnership corresponding laws(1)

The laws relating to limited partnerships in force in the jurisdictions of the United States of America specified in Part 1 of Schedule 1 are declared to be corresponding laws for the purposes of Part 3 of the Act.

(2)

The laws relating to limited partnerships in force in the jurisdictions of Canada specified in Part 2 of Schedule 1 are declared to be corresponding laws for the purposes of Part 3 of the Act.

8Fees

The fees payable in respect of the matters specified in Schedule 2 are as set out in that Schedule.

Part 3Miscellaneous9Repeal(1)

The Partnership Regulation 1992 is repealed.

(2)

Any act, matter or thing that, immediately before the repeal of the Partnership Regulation 1992, had effect under that Regulation continues to have effect under this Regulation.

Schedule 1Specified jurisdictions

(Clause 7)

Part 1Specified jurisdictions of United States of America

Alabama	Nebraska
Arizona	Nevada
Arkansas	New Hampshire
California	New Jersey
Colorado	New Mexico
Connecticut	New York
Delaware	North Carolina
District of Columbia	North Dakota
Florida	Ohio
Georgia	Oklahoma
Hawaii	Oregon
Idaho	Pennsylvania
Illinois	Rhode Island
Indiana	South Carolina
Iowa	South Dakota
Kansas	Tennessee
Kentucky	Texas
Maryland	Utah
Massachusetts	Virginia
Michigan	Washington
Minnesota	West Virginia
Mississippi	Wisconsin
Missouri	Wyoming
Montana

Part 2Specified jurisdictions of Canada

Quebec

Schedule 2Fees

(Clause 8)

Fee to accompany a statement under section 54 (1) of the Act (application for registration of limited partnership)	$649
Fee to accompany statement under section 56 (1) of the Act (notification of change in relation to registered particulars of limited partnership)	$30 for up to 10 changes, plus $1 for each additional change
Fee for inspection of Register of Limited Partnerships under section 57 (3) of the Act	$12 per limited partnership inspected, plus $1 per page for printed copy of any particulars relating to the partnership
Fee for issue under section 58 (1) of the Act of certificate as to formation and composition of limited partnership on registration or change in composition of partnership	Nil
Fee for issue under section 58 (2) of the Act, on application, of certificate as to formation and composition of limited partnership	$12, plus $1 per page for each page in excess of 5 pages
Fee for issue under section 58 (2) of the Act of certificate as to any other particulars recorded in the Register	$24, plus $1 per page for each page other than the first page