South Australian Current Acts South Australian Current Acts52—Application for registration
(1) An application for
registration of a limited partnership or incorporated limited partnership
must—
(a) be
made to the Commission in the manner and form approved by the Commission; and
(b) be
signed—
(i)
if the application is made by a partnership (including an
external partnership)—either by each partner in the partnership or by a
person given authority to make such an application on behalf of the
partnership and the partners; or
(ii)
in any other case—by each proposed partner; and
(c)
where the firm-name proposed in the application would require registration as
a business name under the Business Names Registration Act 2011 of the
Commonwealth—be lodged not earlier than two months before the date shown
in the application as the proposed date on which business will commence to be
carried on under the firm-name; and
(d) be
accompanied by the fee fixed by regulation.
(1a) The application
must—
(a)
contain a statement of whether the partnership is to be registered as a
limited partnership or an incorporated limited partnership; and
(b) if
the application is by a partnership (including an external partnership),
contain particulars of—
(i)
the firm-name of the partnership; and
(ii)
the full address of the office or principal office in
South Australia
of the partnership (to be called the "registered office" of the proposed
partnership); and
(c) if
the application is by persons or partnerships (including external
partnerships) proposing to be the partners in the proposed partnership,
contain particulars of—
(i)
the proposed firm-name of the proposed partnership; and
(ii)
the full address of the proposed office or principal
office in South Australia of the proposed partnership (to be called the
"registered office of the proposed partnership); and
(d)
contain particulars of the full name of each partner or proposed partner or,
if the partner or proposed partner is a partnership (including an
external partnership), the name of that partnership or, if that partnership
does not have a name, the full name of each partner in the partnership; and
(e)
contain particulars of the full address of each partner or proposed partner,
being (in the case of an individual) his or her principal place of residence
or (in the case of a corporation) its registered office or principal place of
business or (in the case of a partnership) its registered office or principal
office; and
(f)
contain a statement in relation to each partner or proposed partner that is an
individual as to whether that partner or proposed partner is, or is proposed
to be, a general partner or a limited partner; and
(g)
contain a statement in relation to each partner or proposed partner that is a
corporation or a partnership that is, or is proposed to be, a partner a
statement in relation to the corporation or partnership as to whether it is to
be a general partner or a limited partner; and
(h)
contain a statement in relation to each partner or proposed partner that is a
partnership to the effect that the partner or proposed partner is a
partnership; and
(i)
if the application is for a
limited partnership—contain a statement in relation to each
limited partner to the effect that the partner is a limited partner whose
liability to contribute is limited to the extent of the amount specified in
the statement (being the amount of any capital, or the value of any property,
that the limited partner has agreed to contribute to the partnership or, in
the case of a limited partner that is a partnership, the aggregate amounts or
values); and
(j) if
the application is by a partnership or persons or partnerships proposing to be
partners in a partnership that intends to apply for registration as a VCLP,
AFOF or ESVCLP under Part 2 of the Venture Capital Act 2002 of the
Commonwealth, contain a statement that it so intends to apply; and
(k) if
the application is by a partnership that is registered as a VCLP, AFOF or
ESVCLP under Part 2 of the Venture Capital Act 2002 of the Commonwealth, be
accompanied by a copy of a document evidencing its status as a VCLP, AFOF or
ESVCLP; and
(l) if
the application is by a partnership or proposed persons or partnerships
proposing to be a partnership that intends to meet the requirements for
recognition as a venture capital management partnership set out in
section 94D of the Income Tax Assessment Act 1936 of the Commonwealth,
contain a statement that it so intends to meet those requirements; and
(m) if
the application is by a partnership that is a venture capital management
partnership within the meaning of section 94D(3) of the Income Tax Assessment
Act 1936 of the Commonwealth, a statement that it is such a partnership; and
(n)
contain such other particulars as are required by the regulations or by the
approved form of statement.
(2) An application
will, for the purposes of this Act, be taken to be deficient and not to have
been lodged with the Commission if—
(a) it
is incomplete or inaccurate in a material particular; or
(b) the
applicant fails to provide the Commission with any information or document
required by the Commission for the purposes of determining the application; or
(c) it
is lodged outside the period allowed; or
(d) the
fee payable in respect of the application is not paid (whether because of the
dishonouring of a cheque or otherwise).