South Australian Current Acts

PARTNERSHIP ACT 1891 - SECT 53

53—Registration of limited partnership or incorporated limited partnership

        (1)         If an application for registration of a limited partnership or incorporated limited partnership has been duly made, the Commission must register the limited partnership or incorporated limited partnership.

        (2)         However, the Commission—

            (a)         must not register the limited partnership or incorporated limited partnership if any general partner would, because of a conviction of an offence, be prohibited under Division 7 from carrying on business as a general partner; and

            (b)         may, if the firm-name proposed in an application for registration requires registration as a business name under the Business Names Registration Act 2011 of the Commonwealth, postpone registration pending registration of the name as a business name under that Act.

        (3)         If the Commission registers a limited partnership or an incorporated limited partnership, the firm-name of the partnership is its name as recorded in the Register.

        (4)         On registration of a limited partnership as an incorporated limited partnership, the limited partnership ceases to be a limited partnership and the Commission is to record the cancellation of its registration in the Register; however, in that case, any liability of the firm or a partner in it that arose before its registration as an incorporated limited partnership is to be dealt with as if it were still a limited partnership.

        (5)         Registration is effected by recording in the Register the particulars in the statement lodged with the Commission.