Queensland Numbered Acts

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PARTNERSHIP AND OTHER ACTS AMENDMENT ACT 2004 No. 29 - SECT 16

16 Amendment of s 13 (Liability of the firm for wrongs)

(1) Section 13(1), after 'any partner'--

insert--

'in a firm, other than an incorporated limited partnership,'.

(2) Section 13(1), 'therefor'--

omit, insert--

'for the loss, injury or penalty'.

(3) Section 13(2), after 'a partner'--

insert--

'in a firm, other than an incorporated limited partnership,'.

(4) Section 13--

insert--

'(3) Subject to subsection (4), if by any wrongful act or omission of any general partner in an incorporated limited partnership acting in the ordinary course of the business of the incorporated limited partnership, or with its authority, loss or injury is caused to any person not being a partner in the incorporated limited partnership, or any penalty is incurred, the incorporated limited partnership is liable for the loss or injury or penalty to the same extent as the general partner so acting or omitting to act.

Note--
See section 12(2) about joint liability of general partners and the incorporated limited partnership.

'(4) For subsection (3), a general partner in an incorporated limited partnership who commits a wrongful act or omission as a director of a body corporate under the Corporations Act is not to be taken to be acting in the ordinary course of business of the incorporated limited partnership or with its authority only because of any 1 or more of the following--

(a) the general partner obtained the agreement or authority of the incorporated limited partnership to be appointed or to act as a director of the body corporate;
(b) remuneration that the general partner receives for acting as a director of the body corporate forms part of the income of the incorporated limited partnership;
(c) any other general partner in the incorporated limited partnership is also a director of that or any other body corporate.'.


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