Commissioner to be told about winding-up
83 Commissioner to be told about winding-up
An incorporated limited partnership must give the commissioner for fair trading written notice of the beginning of the winding-up of the partnership within 7 days after—
the day a special resolution mentioned in section 77 (1) (b) (Voluntary winding-up) is passed; or
in any other case—the day the winding-up begins.
An incorporated limited partnership must give the commissioner for fair trading written notice of the finish of the winding-up of the partnership within 7 days after the day the winding-up is finished, stating the date when the winding-up was finished.
The commissioner for fair trading must, as soon as practicable after receiving a notice under subsection (1) or (2), record the receipt of the notice in the register.
Each general partner in the incorporated limited partnership commits an offence if subsection (1) or (2) is not complied with.
Maximum penalty: 10 penalty units.
It is a defence to a prosecution for an offence for failing to comply with subsection (4) if the general partner proves that—
the general partner did not know about the failure; and
reasonable precautions were taken and appropriate diligence was exercised to avoid the failure.
An offence against subsection (4) is a strict liability offence.
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