Western Australian Current Acts Western Australian Current Acts
TABLE OF PROVISIONS
Long Title
Preamble
PART 1 -- Preliminary
1. Short title
2. Commencement
3. Terms used
4. Term used: associate
5. Term used: partnership
PART 2 -- Application of laws of partnership
6. Application of Partnership Act to limited partnership
7. Application of general law to incorporated limited partnership
8. Application of Partnership Act to incorporated limited partnership
9. Application of Partnership Act to incorporated limited partnership: modifications
PART 3 -- Limited partnerships
Division 1 -- Nature, formation and membership
10. Formation of limited partnership
11. Composition of limited partnership
12. Change in membership of limited partnership
13. Differences between partners
Division 2 -- Management
14. Limited partner must not take part in management of limited partnership
15. When does limited partner take part in management?
Division 3 -- Registration
16. Application for registration
17. Registration
Division 4 -- Liability of partner
18. Limitation of liability of limited partner
19. Change in liability of limited partner
20. Effect on liability of change in status of partner
21. Liability for business conducted outside State
22. Liability under corresponding law
23. Effect of sections 21 and
24. Limitation of liability provisions cannot be varied
Division 5 -- Dissolution, cessation and winding up
25. Dissolution generally
26. Dissolution on grounds of mental disability
27. Cessation
28. Notice of dissolution or cessation
29. No notice of dissolution or cessation
30. Winding up
Division 6 -- Cancellation of registration
31. Cancellation of registration on dissolution or cessation
32. Cancellation of registration on incorporation
33. Notice of cancellation
34. Effect of cancellation
PART 4 -- Incorporated limited partnerships
Division 1 -- Nature, formation and membership
35. Nature of incorporated limited partnerships
36. Formation of incorporated limited partnerships
37. Composition of incorporated limited partnerships
38. Change in membership
39. Differences between partners
40. Agents
41. Partnership agreement
Division 2 -- Management
42. Limited partner must not take part in management of incorporated limited partnership
43. When does limited partner take part in management?
44. Proposals to which section 43(1)(k)(i) applies
Division 3 -- Registration
45. Application for registration
46. Registration
Division 4 -- Lodgment of documents relating to registration
47. Evidence of status: on registration
48. Evidence of status: after registration
Division 5 -- Liability of partner
49. Limitation of liability of limited partner
50. Effect on liability of change in status of partner
51. Liability for business conducted outside State
52. Liability under corresponding law
53. Effect of sections 51 and
Division 6 -- Winding up
Subdivision 1 -- Voluntary winding up
54. Voluntary winding up
Subdivision 2 -- Winding up required by Commissioner
55. Grounds for winding up required by Commissioner
56. Commissioner may require incorporated limited partnership to show cause
57. How incorporated limited partnership may show cause
58. Commissioner may give winding up notice where cause not shown
59. Commissioner must record in register where cause shown
60. Power to cancel winding up notice given in error
61. Notices must be recorded in register
62. Commencement and completion of winding up
63. Costs of winding up
64. Appointment of liquidator
65. Distribution of assets on winding up
Subdivision 3 -- Winding up under Corporations Act
66. Application of Corporations Act to winding up
Subdivision 4 -- Winding up generally
67. Notice of winding up
68. No notice of winding up
Division 7 -- Cancellation of registration
69. Cancellation of registration on winding up
70. Notice of cancellation
71. Effect of cancellation
Division 8 -- Miscellaneous
72. Entitlement to make assumptions
73. Assumptions that can be made
74. Common seal
75. Execution
76. Enforcing judgments
77. Proper party to proceeding
PART 5 -- General
Division 1 -- Register and registration
78. Register
79. Power to make or correct certain entries in register
80. Reinstatement of registration
81. Entry in register constitutes notice
Division 2 -- Certificates of registration
82. Certificate of registration to be issued
83. Certificate of registration to be displayed
Division 3 -- Change in registered particulars
84. Notice of change in registered particulars
85. Change in agreed contribution of limited partner
86. Register to record change in registered particulars
Division 4 -- Restrictions on members
87. Terms used
88. Restrictions on insolvents
89. Restrictions on convicted persons
90. Restrictions on disqualified persons
91. Contravention does not affect liability
92. Leave of Commissioner
93. Revoking leave of Commissioner
Division 5 -- Reviews
94. Terms used
95. Reviewable decisions
96. Review of reviewable decisions
Division 6 -- Offences
97. Giving false or misleading information
98. Offences by partnership
99. Time for bringing proceedings for offences
Division 7 -- Miscellaneous
100. How notices may be given
101. How consent may be given
102. Registered office
103. Service
104. Lodgment of documents
105. Signing of documents
106. Business documents
107. Inspection of accounts and financial records
Division 8 -- Application of other written laws
108. Application of Fair Trading Act
109. Application of Criminal Procedure Act 2004
Division 9 -- Regulations and orders
110. Regulations
111. Regulations prescribing model limited partnership agreement
112. Regulations relating to Corporations Act
113. Orders declaring corresponding law
PART 6 -- Repeals and transitional matters
114. Terms used
115. Written laws repealed
116. Existing limited partnerships
117. Existing register
118. Existing statements
119. Time limit under section
120. Leave taken to have been granted under section 92(4)
121. Transitional regulations
PART 7 -- Partnership Act 1895 amended
122. Partnership Act 1895 amended
Defined terms
[Assented to 29 November 2016]
Compilation table