(1) A limited partner
in an incorporated limited partnership must not take part in the management of
the business of the partnership.
(2) Subsection (3)
applies if —
(a) as a
direct result of any wrongful act or omission of a limited partner in taking
part in the management of the business of an incorporated limited partnership,
the limited partner causes any loss or injury to any person (a third party )
other than a partner in the partnership; and
(b) at
the time of the act or omission, the third party had reasonable grounds to
believe that the limited partner was a general partner in the partnership.
(3) The limited
partner is liable for the loss or injury to the same extent that the limited
partner would have been liable if the limited partner were a general partner
in the partnership.
(4) The application of
this section cannot be varied in relation to an incorporated limited
partnership by the partnership agreement or with the consent of the partners
in the incorporated limited partnership.