Existing limited partnerships
116 Existing limited partnerships
An existing limited partnership is taken to be a limited partnership under this Act.
An existing limited partnership must, not later than 90 days after commencement day, lodge with the Commissioner a statement that —
is in the form approved by the Commissioner; and
is signed by each partner; and
contains each of the matters set out in subsection (3).
A statement lodged under subsection (2) must contain, in relation to the existing limited partnership, each of the following matters —
the address of the principal office in this State of the partnership;
the name of each partner, being —
if the partner is an individual — their full name; or
if the partner is a body corporate — its corporate name; or
if the partner is a partnership — the firm name or, if the partnership does not have a firm name, the full name of each partner in the partnership;
the address of each partner, being —
if the partner is an individual — their principal place of residence; or
if the partner is a body corporate — its registered office as defined in the Corporations Act section 9; or
if the partner is a partnership — its principal office;
a statement in relation to each partner as to —
whether they are a general partner or a limited partner; and
whether they are an individual, body corporate or partnership;
in relation to each limited partner —
a statement of their agreed contribution; and
a statement to the effect that their liability to contribute is limited to their agreed contribution; and
a statement of the amount of their agreed contribution that has been paid and the amount of their agreed contribution that is unpaid;
any other particulars that are required by the form or prescribed.
The Commissioner must, in relation to a statement lodged under subsection (2) —
record in the register the particulars contained in the statement; and
issue to the general partners of the partnership that lodged the statement a certificate as to its formation and its registered particulars as at the time of recording in the register the particulars contained in the statement.
Section 84(1) does not apply in relation to any changed particulars contained in a statement lodged under subsection (2).
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