Limited Partnerships Act 1909

Limited Partnerships Rules 1909

Reprint 2: The rules as at 20 November 2009


Guide for using this reprint

What the reprint includes

Endnotes, Compilation table, and Table of provisions that have not come into operation

1.Details about the original rules and legislation that has amended its text are shown in the Compilation table in endnote 1, at the back of the reprint. The table also shows any previous reprint.

2.Transitional, savings, or other provisions identified in the Compilation table may be important. The table may refer to another endnote setting out the text of these provisions in full.

3.A table of provisions that have not come into operation, to be found in endnote 1a if it is needed, lists any provisions of the rules being reprinted that have not come into operation and any amendments that have not come into operation. The full text is set out in another endnote that is referred to in the table.

Notes amongst text (italicised and within square brackets)

1.If the reprint includes a rule that was inserted, or has been amended, since the rules being reprinted were made, editorial notes at the foot of the rule give some history of how the rule came to be as it is. If the rule replaced an earlier rule, no history of the earlier rule is given (the full history of the rules is in the Compilation table).

Notes of this kind may also be at the foot of Schedules or headings.

2.The other kind of editorial note shows something has been —

•removed (because it was repealed or deleted from the law); or

•omitted under the Reprints Act 1984 s. 7(4) (because, although still technically part of the text, it no longer has any effect).

The text of anything removed or omitted can be found in an earlier reprint (if there is one) or one of the written laws identified in the Compilation table.

Reprint numbering and date

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2.The information in the reprint is current on the date shown as the date as at which the rules are reprinted. That date is not the date when the reprint was published by the State Law Publisher and it is probably not the date when the most recent amendment had effect.

 

 

 

Reprinted under the Reprints Act 1984 as

at 20 November 2009

Limited Partnerships Rules 1909

CONTENTS

1.Citation1

1A.Term used: the Act1

2.The Registrar of Companies1

3.Fees2

4.Forms2

Appendix ¾ Forms to be used for the purposes of the Act

Notes

Compilation table12

Defined Terms

 

 

Crest

Reprinted under the Reprints Act 1984 as

at 20 November 2009

Limited Partnerships Act 1909

Limited Partnerships Rules 1909

1.Citation

These rules may be cited as the Limited Partnerships Rules 1909 1.

[Rule 1 inserted in Gazette 30 Dec 1983 p. 5023.]

1A. Term used: the Act

In these rules, the Act means the Limited Partnerships Act 1909.

[Rule 1A inserted in Gazette 30 Dec 1983 p. 5023.]

2.The Registrar of Companies

Whenever any act is by the Act directed to be done to or by the Registrar 2 such act shall be done to or by the Registrar of Companies or in his absence to or by such person as the Attorney General may for the time being authorise.

3.Fees

The fees set out in the Table are payable in respect of the matters listed in the Table.

Table

1.

Registration of limited partnership

$166.00

2.

Inspection of statements filed by Registrar

$4.30

3.

Certificate of registration

$11.30

4.

Certified copy of, or extract from, a registered statement

 

$4.30 per folio of 72 words

[Rule 3 inserted in Gazette 23 Jun 2009 p. 2444.]

4.Forms

The forms in the Appendix hereto with such variations as the circumstances of each case may require shall be the forms to be used for the purposes of the Act.

 

Appendix

Forms to be used for the purposes of the Act

No. of Certificate.Form No. L.P. 1.

LIMITED PARTNERSHIPS ACT 1909

Application for Registration of a
Limited Partnership

A $............ fee stamp must be affixed here.

WE, the undersigned, being the partners of the firm hereby apply for registration as a limited partnership, and for that purpose supply the following particulars, pursuant to Section 8 of the Limited Partnerships Act 1909:

The Firm
Name.

The General Nature
of the Business.

The Principal Place of Business.

The Term, if any for which the Partnership is entered into, and the date of its commencement.

Term (if any)years.

If no definite term the conditions of existence of the partnership.

Date of Commencement.

The Partnership is Limited.


Full Name and Address of each of the Partners ............................................

...........................................................

...........................................................

...........................................................

...........................................................

...........................................................

 

* Amount contributed or undertaken to be contributed by each Limited Partner, and whether paid or to be paid in cash or how otherwise...................................

...............................................................

...............................................................

...............................................................

General Partners................................

...........................................................

...........................................................

...........................................................

Limited Partners................................

...........................................................

...........................................................

 

...............................................................

...............................................................

...............................................................

...............................................................

...............................................................

...............................................................

...............................................................

 

* Separate statement (Form L.P. 3) of the amounts contributed or undertaken to be contributed must accompany this application for the purpose of payment of capital duty pursuant to Section 11 of the Act.

 


Signatures of all the Partners

....................................................................................

....................................................................................

....................................................................................

....................................................................................

Date.................................................

Presented or forwarded for filing by.......................................................................

.................................................................................................................................

.................................................................................................................................

.................................................................................................................................

 

[Form L.P. 1 amended by Act No. 113 of 1965 s. 8(1); amended in Gazette 30 Dec 1983 p. 5024.]

 

No. of Certificate. Form No. L.P. 2.

LIMITED PARTNERSHIPS ACT 1909

Notice of Change in the Limited Partnership

*

A $............... fee stamp must be affixed here.

* Here insert name of firm or partnership.

Notice is hereby given, pursuant to Section 9 of the Limited Partnerships Act 1909, that the changes specified below have occurred in this limited partnership: — 

(a)Change in the Firm Name.

Previous name

New name

(b)Change in the General Nature of the Business.

General nature of business as previously carried on

General nature of business as now carried on.

(c)Change in the Principal place of Business.

Previous place of business

New place of business

(d)Change in the Partners, or the Name of any Partner.

 

NOTE — Changes brought about by death, by transfer of interests, by increase in the number of partners, or by change of name of any partner, must be here notified.

 

 

 

(e)Change in the Term or Character of the Partnership.

Previous term (if any), but, if no definite term, then the conditions under which the partnership was constituted.

 

New term (if any), but, if no definite term, then the conditions under which the partnership is now constituted.

 

(f)Change in the Sum Contributed by any Limited Partner.

 

 

NOTE — Any variation in the sum contributed by any limited partner must be here stated. A statement (Form L.P. 4) of any increase in the amount of the partnership capital, whether arising from an increase of contributions, or from introduction of fresh partners, must be made on a separate form, for the purpose of payment of capital duty, pursuant to Section 11 of the Act.

(g)Change in the Liability of any Partner by reason of his becoming a Limited instead of a General Partner, or a General instead of a Limited Partner.

Presented or forwarded for filing by

Signature of firm

Date

NOTE — Each change must be entered in the proper division (a), (b), (c), (d), (e), (f) or (g), as the case may be.

Provision is made in this form for notifying all the changes required by the Act to be notified, but it will frequently happen that only one item of change such as change in the principal place of business, for instance, has to be notified. In any such case the word “Nil” should be inserted in the other divisions.

The statement must be signed at the end by the firm, and delivered for registration within 7 days of the change or changes taking place.

________________________________________________________________

[Form L.P. 2 amended by Act No. 113 of 1965 s. 8(1); amended in Gazette 30 Dec 1983 p. 5024.]

 

No. of Certificate. Form No. L.P. 3.

LIMITED PARTNERSHIPS ACT 1909

*

Statement of the Capital contributed or undertaken to be contributed by Limited Partners made pursuant to Section 11 of the Limited Partnerships Act 1909.

The amounts contributed or undertaken to be contributed in cash or otherwise by the Limited Partners of the firm*
are as follows: — 


Names and Addresses of Limited Partners.

Amounts contributed or to be contributed in cash or otherwise.
(If otherwise than in cash, that fact, with particulars, must be stated.)

 

 

 

 

Signature of a General Partner

Date

NOTE —The Stamp Duty on the Nominal Capital is 50c for every $200, or fraction of $200, contributed or to be contributed by each Limited Partner.

This statement must accompany the application Form L.P. 1 for registration of a Limited Partnership.

Presented or forwarded for registration by

*Here insert name of firm or Limited Partnership.

 

No. of Certificate. Form No. L.P. 4.

LIMITED PARTNERSHIPS ACT 1909

*

Statement of Increase of Capital contributed in cash or otherwise, by Limited Partners, pursuant to Section 11 of the Limited Partnerships Act 1909.

The Capital of the Limited Partnership*

has been increased by the addition thereto of sums contributed in cash or otherwise, by the Limited Partners, as follows: — 



Names of Limited Partners

Increase or additional sum now contributed (If otherwise than in cash, that fact, with particulars must be stated).

Total amount contributed (If otherwise than in cash, that fact with particulars, must be stated).

 

 

 

 

 

 

 

Signature of a General Partner

Date

 

NOTE — In the case of a new Limited Partner, the first and third columns only will be used.

The Stamp Duty on an increase of Capital is 50c for every $200 or fraction of $200, contributed by each Limited Partner.

This Statement is to be filed within 7 days of the increase taking place.

Presented or forwarded for registration by

*Here insert name of firm or Limited Partnership.

CERTIFICATE OF REGISTRATION OF A LIMITED PARTNERSHIP

 I HEREBY CERTIFY, that the firm, having lodged a statement of particulars pursuant to Section 8 of the Limited Partnerships Act 1909, is this day registered as a limited partnership.

 Given under my hand at Perth this       day of
20  .

Fee Stamps $

Stamp Duty on Capital $

Registrar of Limited Partnerships.

 

 

________________________________________________________________

 

PURSUANT TO SECTION 10 OF THE LIMITED

PARTNERSHIPS ACT 1909

NOTICE IS HEREBY GIVEN, that under an arrangement entered into on
the     day of       , 20  ,       ceases to be a General Partner and becomes a Limited Partner in the firm of “
     ” carrying on business as at

 Dated this         day of         20  .

Signature

Witness to the signature of

(Name)

(Address)

 

 

________________________________________________________________

 

PURSUANT TO SECTION 10 OF THE LIMITED

PARTNERSHIPS ACT 1909

 NOTICE IS HEREBY GIVEN, that under an arrangement entered into on
the      day of       , 20  ,              of the firm of “        ” carrying on business as         at        has assigned his share as a Limited Partner in the above named firm to

 Dated this         day of         20  .

Signature

Witness to the signature of

(Name)

(Address)

dline

 

Notes

1This reprint is a compilation as at 20 November 2009 of the Limited Partnerships Rules 1909 and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any reprint.

Compilation table

Citation

Gazettal

Commencement

Limited Partnerships Rules 1909

5 Mar 1909 p. 677‑9

5 Mar 1909

Decimal Currency Act 1965 assented to 21 Dec 1965

Act other than s. 4-9:
21 Dec 1965 (see s. 2(1));
s. 4-9: 14 Feb 1966 (see s. 2(2))

Limited Partnerships Amendment Rules 1983

30 Dec 1983 p. 5023‑4

1 Jan 1984 (see r. 2)

Limited Partnerships Amendment Rules 1986

26 Sep 1986 p. 3681

1 Oct 1986 (see r. 2)

Limited Partnerships Amendment Rules 1991

8 Nov 1991 p. 5720

8 Nov 1991

Limited Partnerships Amendment Rules 1993

31 Aug 1993 p. 4687

1 Sep 1993 (see r. 2)

Limited Partnerships Amendment Rules 1995

27 Jun 1995 p. 2540

1 Jul 1995 (see r. 2)

Reprint 1: The Limited Partnerships Rules 1909 as at 21 Mar 2003 (includes amendments listed above)

Limited Partnerships Amendment Rules 2005

28 Jun 2005 p. 2901

1 Jul 2005 (see r. 2)

Limited Partnerships Amendment Rules 2007

15 Jun 2007 p. 2775

r. 1 and 2: 15 Jun 2007 (see r. 2(a));
Rules other than r. 1 and 2: 1 Jul 2007 (see r. 2(b))

Limited Partnerships Amendment Rules 2009

23 Jun 2009 p. 2443‑4

r. 1 and 2: 23 Jun 2009 (see r. 2(a));
Rules other than r. 1 and 2: 1 Jul 2009 (see r. 2(b))

Reprint 2: The Limited Partnerships Rules 1909 as at 20 Nov 2009 (includes amendments listed above)

2The Limited Partnerships Act 1909 s. 15 reads as follows:

 

15.Registrar of limited partnerships

(1)The Minister is required, by notice published in the Gazette, to designate a person who is an executive officer of the department principally assisting in the administration of this Act as the Registrar for the purposes of this Act.

(2)The Registrar may be referred to by a title specified by the Minister by notice published in the Gazette.

(3)Sections 19, 20, 21, 22, 23, 23A, 24 and 25 of the Consumer Affairs Act 1971 apply, with such modifications as are necessary, to and in relation to the functions of the Registrar and persons and matters affected by the exercise of those functions as if the sections were part of this Act.

(4)In this section —

executive officer has the meaning given by section 3(1) of the Public Sector Management Act 1994.

 

 

 

 

Defined Terms

 

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined TermProvision(s)

the Act1A

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

By Authority: JOHN A. STRIJK, Government Printer