Commonwealth Numbered Acts

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CORPORATIONS ACT 1989 No. 109 of 1989 - SECT 112

Outsize partnerships and associations
112. (1) A person shall not participate in the formation of an outsize
partnership or association unless it is incorporated or formed under:

   (a)  this Act or another Act;

   (b)  letters patent; or

   (c)  subject to section 113, a law of a State or Territory.

(2) For the purposes of subsection (1), a partnership or association is
outsize if, and only if, it:

   (a)  has for one or more of its objects the acquisition of gain by the
        partnership or association or any of its members;

   (b)  is capable of being incorporated as a company under Division 1 of Part
        2.2; and

   (c)  consists of more than:

        (i)    if the partnership or association is formed to carry on a
               profession or calling of a kind specified in a declaration in
               force under subsection (3)-the number of persons specified in
               the declaration in relation to that kind of profession or
               calling; or

        (ii)   in any other case-20 persons.

(3) The Minister may, by Gazette notice, declare that an unincorporated
partnership or association consisting of not more than a specified number of
persons may carry on a profession or calling of a specified kind. 


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