S. 56(1) amended by No. 30/2003 s. 88(2). s. 56 (1) If any change occurs in relation to the registered particulars of a limited partnership, a statement setting out the changed particulars must be lodged with the Director within 7 days after the change occurred. (2) The statement must be signed— (a) by all the general partners, or by a general partner authorised by all the general partners for the purposes of this section; and S. 56(2)(b) amended by No. 99/2003 s. 6(4). (b) if the change relates to the admission of a limited partner or a change in the liability of a limited partner to contribute, by the limited partner concerned or, if that limited partner is a limited partnership, by all the general partners in that limited partnership or by a general partner in that limited partnership authorised by all the general partners in that limited partnership for the purposes of this section. S. 56(3) amended by No. 30/2003 s. 88(2). (3) The statement must be in the form approved by the Director and contain the particulars required by the regulations or the approved form of statement. S. 56(4) amended by No. 30/2003 s. 88(2). (4) If the statement is duly lodged, the Director must record the change in the Register as soon as possible, unless as a result of the change the partnership is not eligible to be registered as a limited partnership. (5) If subsection (1) is not complied with, each general partner of the limited partnership is guilty of an offence. 10 penalty units. S. 57 inserted by No. 43/1992 s. 5. 57 Register of Limited Partnerships s. 57
S. 57(1) amended by No. 30/2003 s. 88(2). (1) The Director must keep a register of limited partnerships registered under this Part (to be called the Register of Limited Partnerships). S. 57(2) amended by No. 30/2003 s. 88(2). (2) The Register may be kept in such form as the Director thinks fit. S. 57(3) amended by No. 30/2003 s. 88(2). (3) The Director must make the information recorded in the Register available for public inspection at the office of the Director during the ordinary business hours of that office. S. 57(4) inserted by No. 35/2000 s. 35, amended by No. 30/2003 s. 88(2). (4) The Director may correct any error or omission in the Register by— (a) inserting an entry; or (b) amending an entry; or (c) omitting an entry— if he or she decides that the correction is necessary. S. 57(5) inserted by No. 35/2000 s. 35, amended by No. 30/2003 s. 88(2). (5) The Director must not omit an entry in the Register unless satisfied that the whole of the entry was included in error. S. 58 inserted by No. 43/1992 s. 5. 58 Certificates of registration etc. s. 58 S. 58(1) amended by No. 30/2003 s. 88(2). (1) The Director, at the time of registering a limited partnership or of recording a change in the composition of a limited partnership, must issue to the general partners a certificate as to the
authentication or signature of documents and the lodging of documents. S. 79D(3) amended by No. 30/2003 s. 88(2). (3) The Director may grant or refuse an approval to a person who applies in writing for that approval. S. 79D(4) amended by No. 30/2003 s. 88(2). (4) The Director may vary or cancel an approval by written notice. S. 79D(5) amended by No. 30/2003 s. 88(2). (5) The Director may impose any condition on an approval under this section including a condition that the Director will refuse to accept a document for lodgement unless the Director is satisfied that all the partners in the partnership have given written authorisation to the agent or other person specified in the approval— (a) to sign copies of specified documents for or on behalf of the person or persons who would otherwise be required by or under this Act to sign the documents; S. 79D(5)(b) amended by No. 30/2003 s. 88(2). (b) to lodge with the Director copies of specified documents for or on behalf of the person who would otherwise be required by or under this Act to lodge the documents. S. 79D(6) amended by No. 30/2003 s. 88(2). (6) The Director must note on the Register details of any authorisations required under subsection (5). (7) A document required to be lodged by a person under this Act is deemed to be signed by the person or persons required to sign the document if a copy of the document is signed on the person's or persons' behalf by a person authorised in accordance with subsection (5) to so sign the copy of the document.
(8) Subsection (7) does not relieve any person who would otherwise be required to sign the document from signing the original document. S. 79E inserted by No. 35/2000 s. 37, amended by No. 30/2003 s. 88(2). 79E Retention of records s. 79E If an agent or other person has lodged a copy of a document under this Act signed by the agent or other person in accordance with an approval under section 79D, the agent or person must ensure that the original document signed by the person who is required to sign the document is kept so that it is able to be produced readily to the Director for not less than 7 years after the document was lodged with the Director. 30 penalty units. S. 79F (Heading) inserted by No. 30/2003 s. 88(3). S. 79F inserted by No. 35/2000 s. 37. 79F Power of Director to refuse to register or reject documents s. 79F S. 79F(1) amended by No. 30/2003 s. 88(2). (1) The Director may refuse to register or may reject a document submitted to the Director if the Director considers that the document— (a) contains matter contrary to law; or (b) contains matter, that in a material particular, is false or misleading in the form or context in which it is included; or (c) by reason of an omission or misdescription, has not been duly completed; or (d) does not comply with the requirements of this Act; or (e) contains any error, alteration or erasure; or
S. 80(2)(a) inserted by No. 35/2000 s. 38, amended by No. 30/2003 s. 88(2). (a) the keeping of records of documents required under this Act in any form approved by the Director; and S. 80(2)(b) inserted by No. 35/2000 s. 38. (b) creating penalties for offences not exceeding 5 penalty units; and S. 80(2)(c) inserted by No. 35/2000 s. 38. (c) the fees required to accompany a statement under this Part or the fees payable for the inspection of the Register or for the supply of certificates of information recorded in the Register. S. 80(3) amended by No. 78/2010 s. 24(Sch. 1 item 22.1). (3) Regulations made under this section may be disallowed in whole or in part by resolution of either House of Parliament. S. 80(4) repealed by No. 78/2010 s. 24(Sch. 1 item 22.2). * * * * * s. 80 __________________ Pt 5 (Heading and ss 81–128) inserted by No. 99/2003 s. 4. Division 1—Preliminary S. 81 inserted by No. 99/2003 s. 4. 81 Definitions s. 81 In this Part—
partnership and each partner agree to observe and perform the agreement so far as it applies to them. (3) Nothing in subsection (2) prevents an incorporated limited partnership itself executing a partnership agreement. Division 3—Registration of incorporated limited partnerships S. 87 inserted by No. 99/2003 s. 4. 87 Who may apply for registration? s. 86 (1) An application for registration as an incorporated limited partnership may be made, in the circumstances described in subsection (2), by a partnership or by persons proposing to be the partners in the proposed incorporated limited partnership. (2) The circumstances are— (a) that the partnership is registered under Part 2 of the Venture Capital Act 2002 of the Commonwealth as, or a general partner in the partnership or a proposed general partner in the proposed incorporated limited partnership intends to apply for registration of the partnership or proposed partnership under that Part as— (i) a VCLP within the meaning of that Act; or (ii) an AFOF within the meaning of that Act; or S. 87(2)(a)(iii) inserted by No. 2/2008 s. 23. (iii) an ESVCLP within the meaning of that Act; or (b) that the partnership is a venture capital management partnership within the meaning of section 94D(3) of the Income Tax Assessment Act 1936 of the Commonwealth