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Partnership Regulation 2002

[2002-250]


NSW Crest

Status Information

Currency of version
Repealed version for 1 July 2007 to 31 August 2007 (accessed 23 May 2013 at 06:22).
Legislation on this site is usually updated within 3 working days after a change to the legislation.

Provisions in force
The provisions displayed in this version of the legislation have all commenced. See Historical notes

Note:
The Regulation was repealed by sec 10 (2) of the Subordinate Legislation Act 1989 No 146 with effect from 1.9.2007.

Authorisation
This version of the legislation is compiled and maintained in a database of legislation by the Parliamentary Counsel's Office and published on the NSW legislation website, and is certified as the form of that legislation that is correct under section 45C of the Interpretation Act 1987.

File last modified 1 September 2007.

Contents

1 Name of Regulation
2 Commencement
3 Definition
4 Application for registration
5 Declaration of limited partnership corresponding laws
6 Registered office of limited partnership
7 Fees
8 Savings

Schedule 1 Specified jurisdictions

Schedule 2 Fees

Historical notes

NSW Crest

1   Name of Regulation

This Regulation is the Partnership Regulation 2002.

2   Commencement

This Regulation commences on 1 September 2002.
Note. This Regulation replaces the Partnership Regulation 1997, which is repealed on 1 September 2002 under section 10 (2) of the Subordinate Legislation Act 1989.

3   Definition

In this Regulation:

the Act means the Partnership Act 1892.

4   Application 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.

5   Declaration of limited partnership corresponding laws

(1)  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 jurisdictions of the United States of America specified in Part 1 of Schedule 1 are declared to be corresponding laws for the purposes of Part 3 of the Act.
(2)  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 jurisdictions of Canada specified in Part 2 of Schedule 1 are declared to be corresponding laws for the purposes of Part 3 of the Act.

6   Registered 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.

7   Fees

(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.

8   Savings

Any act, matter or thing that, immediately before the repeal of the Partnership Regulation 1997, had effect under that Regulation continues to have effect under this Regulation.

Schedule 1 Specified jurisdictions

(Clause 5)

Part 1 Specified 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 2 Specified jurisdictions of Canada

Quebec

Schedule 2 Fees

(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 lodged under section 54 (1) of the Act (application for registration of a partnership)

$771

$869

2

Fee to accompany statement lodged under section 56 (1) of the Act (notification of change in relation to particulars of partnership)

$36 for up to 10 changes, plus $1 for each additional change

$36 for up to 10 changes, plus $1 for each additional change

3

Fee for inspection of Register of Limited and Incorporated Limited Partnerships under section 57 (3) of the Act

$15 per limited partnership inspected, plus $1 per page for printed copy of any particulars relating to the partnership

$15 per incorporated limited partnership inspected, plus $1 per page for printed copy of any particulars relating to the partnership

4

Fee for issue under section 58 (1) of the Act, to general partners, of certificate as to formation and particulars of limited partnership or incorporated limited partnership

Nil

Nil

5

Fee for issue under section 58 (2) of the Act, on application, of certificate as to formation of limited partnership or incorporated limited partnership

$15, plus $1 per page in excess of 5 pages

$15, plus $1 per page in excess of 5 pages

6

Fee for issue under section 58 (2) of the Act, on application, of certificate as to registered particulars of limited partnership or incorporated limited partnership

$30, plus $1 per page for each page other than the first page

$30, plus $1 per page for each page other than the first page

7

Fee to accompany document lodged under section 73E (1) of the Act (evidencing status as a VCLP or an AFOF)

Not applicable

$76

8

Fee to accompany statement lodged under section 73E (2) of the Act (that partnership is venture capital management partnership)

Not applicable

$76

9

Fee to accompany notice lodged under section 73E (3) of the Act (notice as to revocation of a VCLP or an AFOF or cessation of a venture capital management partnership)

Not applicable

$76

10

Fee to accompany notice lodged under section 73E (4) of the Act (notice as to cessation of business)

Not applicable

$76

Historical notes

The following abbreviations are used in the Historical notes:

Am

amended

LW

legislation website

Sch

Schedule

Cl

clause

No

number

Schs

Schedules

Cll

clauses

p

page

Sec

section

Div

Division

pp

pages

Secs

sections

Divs

Divisions

Reg

Regulation

Subdiv

Subdivision

GG

Government Gazette

Regs

Regulations

Subdivs

Subdivisions

Ins

inserted

Rep

repealed

Subst

substituted

Table of amending instruments

Partnership Regulation 2002 published in Gazette No 78 of 26.4.2002, p 2439 and amended as follows:
Partnership Amendment (Fees) Regulation 2002 (GG No 135 of 30.8.2002, p 7493)
Partnership Amendment (Fees) Regulation 2003 (GG No 104 of 27.6.2003, p 6173)
Partnership Amendment Regulation 2004 (GG No 69 of 2.4.2004, p 1839)

2005

(272)

Partnership Amendment (Fees) Regulation 2005. GG No 77 of 24.6.2005, p 2979.
Date of commencement, 1.7.2005, cl 2.

2006

(321)

Partnership Amendment (Fees) Regulation 2006. GG No 82 of 23.6.2006, p 4637.
Date of commencement, 1.7.2006, cl 2.

2007

(257)

Partnership Amendment (Fees) Regulation 2007. GG No 80 of 15.6.2007, p 3752.
Date of commencement, 1.7.2007, cl 2.

Table of amendments

Cl 4

Am 2.4.2004.

Cl 7

Subst 2.4.2004.

Sch 2

Subst 30.8.2002; 27.6.2003; 2.4.2004; 2005 (272), Sch 1; 2006 (321), Sch 1; 2007 (257), Sch 1.

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