Partnership Regulation 2012 (NSW)

1Name of Regulation

This Regulation is the Partnership Regulation 2012.

2Commencement

This Regulation commences on 1 September 2012 and is required to be published on the NSW legislation website.

Note—

This Regulation replaces the Partnership Regulation 2007 which is repealed on 1 September 2012 by section 10 (2) of the Subordinate Legislation Act 1989.

3Definitions(1)

In this Regulation:

Registrar has the same meaning as in Part 3 of the Act.

the Act means the Partnership Act 1892.

(2)

Notes included in this Regulation do not form part of this Regulation.

4Application for registration

For the purposes of section 54 (2) (n) of the Act, the other particulars that must be included in a statement made for the purpose of applying for registration of a limited partnership are:

• (a)

  the date and place of birth of each proposed partner, and

• (b)

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

5Declaration of limited partnership corresponding laws

For the purposes of the definition of corresponding law in section 64 (1) of the Act, the laws relating to limited partnerships in force in the following jurisdictions are declared to be corresponding laws for the purposes of Part 3 of the Act:

• (a)

  the jurisdictions of the United States of America specified in Part 1 of Schedule 1,

• (b)

  the jurisdictions of Canada specified in Part 2 of Schedule 1.

6Registered office of limited partnership

For the purposes of section 76 (2) of the Act, the hours during which the registered office of a limited partnership is to be open and accessible to the public are the hours between 9 am and 5 pm on each day that is not a Saturday, Sunday or public holiday.

7Fees(1)

The fees payable under the Act are as set out in Schedule 2.

(2)

The amount of a fee of a type specified in column 2 of Schedule 2 is:

• (a)

  in relation to a limited partnership—the amount specified opposite the type of fee concerned in column 3 of Schedule 2, and

• (b)

  in relation to an incorporated limited partnership—the amount specified opposite the type of fee concerned in column 4 of Schedule 2.

(3)

The Registrar:

• (a)

  may waive the whole or any part of a fee that is payable in relation to a matter arising under Part 3 of the Act, or

• (b)

  may refund the whole or any part of any such fee that has been paid,

if, in the Registrar’s opinion, there are special circumstances that justify payment of the fee being waived or refunded.

8Savings

Any act, matter or thing that, immediately before the repeal of the Partnership Regulation 2007, had effect under that Regulation continues to have effect under this Regulation.

Schedule 1Specified jurisdictionsPart 1Specified jurisdictions of United States of America

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

Part 2Specified jurisdictions of Canada

Quebec

Schedule 2Fees

(Clause 7)

Column 1	Column 2	Column 3	Column 4
Item	Type of fee	Amount for limited partnership	Amount for incorporated limited partnership
1	Fee to accompany statement under section 54 (1) of the Act (application for registration of a partnership)	$381	$381
2	Fee to accompany statement under section 56 (1) of the Act (notification of change in relation to registered particulars of a partnership)	$34	$34
3	Fee for inspection of Register of Limited and Incorporated Limited Partnerships under section 57 (3) of the Act	$20 per partnership inspected	$20 per partnership inspected
4	Fee for issue under section 58 (2) of the Act, on application, of certificate as to formation of a partnership	$20	$20
5	Fee for issue under section 58 (2) of the Act, on application, of certificate as to registered particulars of a partnership	$38	$38
6	Fee to accompany document lodged under section 73E (1) of the Act (evidencing status as a VCLP, AFOF or ESVCLP)	Not applicable	$19
7	Fee to accompany statement lodged under section 73E (2) of the Act (that partnership is a venture capital management partnership)	Not applicable	$19
8	Fee to accompany notice lodged under section 73E (3) of the Act (notice as to revocation of registration as a VCLP, AFOF or ESVCLP or cessation of a venture capital management partnership)	Not applicable	$19
9	Fee to accompany notice lodged under section 73E (4) of the Act (notice as to cessation of business)	Not applicable	$19