Tasmanian Consolidated Acts

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PARTNERSHIP ACT 1891 - SECT 90

Assumptions that may be made under section 89
(1)  A person may assume that the partnership agreement of the incorporated limited partnership has been complied with.
(2)  A person may assume that anyone who appears, from information provided by the incorporated limited partnership that is available to the public from the Register, to be a general partner in the incorporated limited partnership –
(a) is a general partner in the incorporated limited partnership; and
(b) has authority to exercise the powers and perform the duties customarily exercised or performed by a general partner in an incorporated limited partnership.
(3)  A person may assume that anyone who is held out by the incorporated limited partnership to be a general partner in, or an agent of, the incorporated limited partnership –
(a) is a general partner in the incorporated limited partnership or has been duly appointed as an agent of the incorporated limited partnership, as the case requires; and
(b) has authority to exercise the powers and perform the duties customarily exercised or performed by that kind of partner in, or agent of, an incorporated limited partnership.
(4)  A person may assume that the general partners in, and agents of, the incorporated limited partnership properly perform their duties to the incorporated limited partnership.
(5)  A person may assume that a document has been duly executed by the incorporated limited partnership if the document appears to have been signed in accordance with section 88 .
(6)  A person may assume that a document has been duly executed by the incorporated limited partnership if the incorporated limited partnership's common seal appears to have been affixed to the document.
(7)  A person may assume that a general partner in, or agent of, the incorporated limited partnership who has authority to issue a document or certified copy of a document on its behalf also has authority to warrant that the document is genuine or is a true copy.



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