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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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