South Australian Numbered Acts

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PARTNERSHIP (VENTURE CAPITAL FUNDS) AMENDMENT ACT 2005 (NO 15 OF 2005) - SECT 16

16—Amendment of section 12—Liability for wrongs joint and several

        (1)         Section 12—after "Every partner" insert:

in a firm other than an incorporated limited partnership

        (2)         Section 12—after its present contents as amended by this section (now to be designated as subsection (1)) insert:

        (2)         Every general partner in an incorporated limited partnership is liable jointly with the other general partners in the partnership and also severally for everything for which the firm becomes liable under section 10(3) or 11(2) while the general partner is a general partner in the firm.

        (3)         Despite subsection (2), a general partner in an incorporated limited partnership is only liable for any liability of the incorporated limited partnership referred to that subsection—

            (a)         to the extent the incorporated limited partnership is unable to satisfy the liability; or

            (b)         to a greater extent provided by the partnership agreement.



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