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s 87

Assumptions that may be made under s 86

In force
Part 6Incorporated limited partnerships
Division 6.7Miscellaneous

87 Assumptions that may be made under s 86

(1)

A person may assume that the partnership agreement of the incorporated limited partnership has been complied with.

(2)

A person may assume that anyone who appears, from information provided by the incorporated limited partnership that is available to the public from the register, to be a general partner in the incorporated limited partnership—

(a)

is a general partner in the incorporated limited partnership; and

(b)

has authority to exercise the functions usually exercised by a general partner in an incorporated limited partnership.

(3)

A person may assume that anyone who is held out by the incorporated limited partnership to be a general partner in, or an agent of, the incorporated limited partnership—

(a)

is a general partner in the incorporated limited partnership, or has been properly appointed as an agent of the incorporated limited partnership; and

(b)

has authority to exercise the functions usually exercised by a general partner in, or agent of, an incorporated limited partnership.

(4)

A person may assume that the general partners in, and agents of, the incorporated limited partnership properly exercise their functions in relation to the incorporated limited partnership.

(5)

A person may assume that a document has been properly executed by the incorporated limited partnership if the document appears to have been signed in accordance with section 85 (Execution of documents).

(6)

A person may assume that a document has been properly executed by the incorporated limited partnership if the incorporated limited partnership’s common seal appears to have been properly attached to the document.

(7)

A person may assume that a general partner in, or agent of, the incorporated limited partnership who has authority to issue a document or certified copy of a document on its behalf also has authority to warrant that the document is genuine or is a true copy.

(8)

Without limiting the generality of this section, the assumptions that may be made under this section apply for this section.

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