Partnership Regulation 2017

This Regulation is the Partnership Regulation 2017.

This Regulation commences on the day on which it is published on the NSW legislation website.

Note.

This Regulation repeals and replaces the Partnership Regulation 2012, which would otherwise be repealed on 1 September 2017 by section 10 (2) of the Subordinate Legislation Act 1989.

In this Regulation:

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

the Act means the Partnership Act 1892.

Note.

The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.

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

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:

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

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

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:

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

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

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.

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

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

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

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

The Registrar:

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

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.

The Partnership Regulation 2012 is repealed.

Any act, matter or thing that, immediately before the repeal of the Partnership Regulation 2012, had effect under that Regulation continues to have effect under this Regulation.