Partnership Regulation 2012



1   Name of Regulation
This Regulation is the Partnership Regulation 2012.
2   Commencement
This Regulation commences on 1 September 2012 and is required to be published on the NSW legislation website.
Note—
This Regulation replaces the Partnership Regulation 2007 which is repealed on 1 September 2012 by section 10 (2) of the Subordinate Legislation Act 1989.
3   Definitions
(1)  In this Regulation:
Registrar has the same meaning as in Part 3 of the Act.
the Act means the Partnership Act 1892.
(2)  Notes included in this Regulation do not form part of this Regulation.
4   Application for registration
For the purposes of section 54 (2) (n) of the Act, the other particulars that must be included in a statement made for the purpose of applying for registration of a limited partnership are:
(a)  the date and place of birth of each proposed partner, and
(b)  the provisions, if any, that the proposed partners have agreed will apply should the proposed partnership be dissolved.
5   Declaration of limited partnership corresponding laws
For the purposes of the definition of corresponding law in section 64 (1) of the Act, the laws relating to limited partnerships in force in the following jurisdictions are declared to be corresponding laws for the purposes of Part 3 of the Act:
(a)  the jurisdictions of the United States of America specified in Part 1 of Schedule 1,
(b)  the jurisdictions of Canada specified in Part 2 of Schedule 1.
6   Registered office of limited partnership
For the purposes of section 76 (2) of the Act, the hours during which the registered office of a limited partnership is to be open and accessible to the public are the hours between 9 am and 5 pm on each day that is not a Saturday, Sunday or public holiday.
7   Fees
(1)  The fees payable under the Act are as set out in Schedule 2.
(2)  The amount of a fee of a type specified in column 2 of Schedule 2 is:
(a)  in relation to a limited partnership—the amount specified opposite the type of fee concerned in column 3 of Schedule 2, and
(b)  in relation to an incorporated limited partnership—the amount specified opposite the type of fee concerned in column 4 of Schedule 2.
(3)  The Registrar:
(a)  may waive the whole or any part of a fee that is payable in relation to a matter arising under Part 3 of the Act, or
(b)  may refund the whole or any part of any such fee that has been paid,
if, in the Registrar’s opinion, there are special circumstances that justify payment of the fee being waived or refunded.
8   Savings
Any act, matter or thing that, immediately before the repeal of the Partnership Regulation 2007, had effect under that Regulation continues to have effect under this Regulation.
Schedule 1 Specified jurisdictions
Part 1 Specified jurisdictions of United States of America
Alabama
Kentucky
Ohio
Arizona
Maryland
Oklahoma
Arkansas
Massachusetts
Oregon
California
Michigan
Pennsylvania
Colorado
Minnesota
Rhode Island
Connecticut
Mississippi
South Carolina
Delaware
Missouri
South Dakota
District of Columbia
Montana
Tennessee
Florida
Nebraska
Texas
Georgia
Nevada
Utah
Hawaii
New Hampshire
Virginia
Idaho
New Jersey
Washington
Illinois
New Mexico
West Virginia
Indiana
New York
Wisconsin
Iowa
North Carolina
Wyoming
Kansas
North Dakota
 
Part 2 Specified jurisdictions of Canada
Quebec
  
Schedule 2 Fees
(Clause 7)
Column 1
Column 2
Column 3
Column 4
Item
Type of fee
Amount for limited partnership
Amount for incorporated limited partnership
1
Fee to accompany statement under section 54 (1) of the Act (application for registration of a partnership)
$365
$365
2
Fee to accompany statement under section 56 (1) of the Act (notification of change in relation to registered particulars of a partnership)
$33
$33
3
Fee for inspection of Register of Limited and Incorporated Limited Partnerships under section 57 (3) of the Act
$19 per partnership inspected
$19 per partnership inspected
4
Fee for issue under section 58 (2) of the Act, on application, of certificate as to formation of a partnership
$19
$19
5
Fee for issue under section 58 (2) of the Act, on application, of certificate as to registered particulars of a partnership
$36
$36
6
Fee to accompany document lodged under section 73E (1) of the Act (evidencing status as a VCLP, AFOF or ESVCLP)
Not applicable
$18
7
Fee to accompany statement lodged under section 73E (2) of the Act (that partnership is a venture capital management partnership)
Not applicable
$18
8
Fee to accompany notice lodged under section 73E (3) of the Act (notice as to revocation of registration as a VCLP, AFOF or ESVCLP or cessation of a venture capital management partnership)
Not applicable
$18
9
Fee to accompany notice lodged under section 73E (4) of the Act (notice as to cessation of business)
Not applicable
$18
sch 2: Subst 2013 (278), Sch 1.