New South Wales Consolidated Acts

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CONVEYANCERS LICENSING ACT 2003 - SECT 27

Partnerships

27 Partnerships

(1) A licensee must not be in partnership with another person unless--
(a) the other person is a licensee, or
(b) the partnership with that other person is approved by the Secretary and does not contravene the provisions of any regulation under this section.
: Maximum penalty--200 penalty units in the case of a corporation or 100 penalty units in any other case.
(2) An approval for a partnership may not be given under this section unless the Secretary is satisfied that the business of the partnership concerned will include conveyancing business.
(3) An approval may not be given for a partnership with a person who is the holder of a licence or certificate of registration under the Property and Stock Agents Act 2002 .
(4) The regulations may make provision for or with respect to restricting the classes of persons (other than licensees) with whom a licensee may be in partnership.
(5) The following provisions apply in respect of a partnership in which a licensee is a member--
(a) a partner who is not a licensee is not guilty of an offence under Part 2.1 of the Legal Profession Uniform Law (NSW) merely because the partner conducts business of the partnership that is conveyancing business,
(b) a partner who is not a licensee is not guilty of an offence under Part 2.1 of the Legal Profession Uniform Law (NSW) merely because the partner receives any fee, gain or reward for business of the partnership that is conveyancing business,
(c) a partner who is not a licensee is not guilty of an offence under Part 2.1 of the Legal Profession Uniform Law (NSW) merely because the partner holds out, advertises or represents himself or herself as a member of a partnership conducting conveyancing business,
(d) a partner who is a licensee does not contravene this Part merely because the partner shares with any other partner the receipts of business of the partnership that is conveyancing business,
(e) Division 2 of Part 5 (Trust money), Part 7 (Claims arising from failure to account) and Part 8 (Management and receivership) apply, subject to the regulations, as if each partner who is not a licensee were a licensee. Those provisions so apply in connection with any business of the partnership (whether or not it is conveyancing business).



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