Section 54 of Partnerships Act 16 of 2012: Order for repayment of premium on premature break up of partnership
(1) A person who—
(a) joins a partnership whose duration is fixed;
(b) pays a joining premium to an existing partner in the partnership; and
(c) the partnership breaks up before its term expires,
may make an application to the Court for an order for the refund of the whole or part of the joining premium.
(2) In making an order under subsection (1), the Court shall have regard to— (a) the terms of the partnership agreement;
(b) the duration of the partnership; and
(c) the conduct of the applicant during the period in which he was a partner.
(3) In this section, “joining premium” means a payment made in respect of—
(a) becoming a partner when a partnership is formed; or (b) becoming a partner after its formation.
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- Section 55 - Order for benefit of former partner
(1) A person who is interested in the winding up of a partnership may make an application for one or more orders under subsection (2).
(2) On the hearing of an application under subsection (1), the...
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(1) A partnership is a limited partnership for the purposes of this Part only if it has—
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(b) one or more limited...
- Section 57 - Becoming and ceasing to be a limited partner
(1) A person shall become a limited partner in a limited partnership when the person is registered as such.
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- Section 58 - Role of limited partner to be restricted
(1) A limited partner shall not take part in the management of the partnership business.
(2) A person who contravenes subsection (1) is personally liable for—
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- Section 59 - Limited partner’s liability to be limited
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- Section 60 - General application of Act to limited partnerships
Subject to sections 62, 63 and 64, this Act applies in relation to limited partnerships as it applies in relation to general partnerships.
- Section 61 - Rights and duties of the partners, etc.
(1) Differences arising relating to ordinary matters connected with the partnership business or affairs shall to decided by—
(a) the general partner; or
(b) if there is more than one general...
- Section 62 - Changes in partners
(1) A person may become a partner in an existing partnership if all the general partners in the partnership agree to the person’s admission into the partnership.
(2) Partners in a partnership may...
- Section 63 - Break up and winding up of limited partnership
(1) Unless the Court orders otherwise the winding up of a limited partnership shall be conducted by a general partner.
(2) Sections 54 and 51 and the Second Schedule shall with necessary...
- Section 64 - Limited partnership Registered Office
A limited partnership shall establish and maintain a registered office to which communications may be delivered or addressed.
- Section 65 - Name of a limited partnership
(1) The name of a limited partnership shall have—
(a) the word “limited partnership”; or
(b) the abbreviation “lp” or “LP”, appearing at the end of its name.
(2) A partnership may not be...
- Section 66 - Improper use of the expression “limited partnership”, etc.
(1) This section applies to the following entities— (a) a limited partnership;
(b) a partner in a limited partnership;
(c) a foreign limited partnership; or
(d) a partner in a foreign limited...
- Section 67 - Information to be provided on partnership documents
(1) The partners of a limited partnership shall state the name and the address of the registered office of the limited partnership on any partnership document.
(2) A general partner who fails to...
- Section 68 - Application for registration
(1) A person who wishes to register a partnership shall deliver to the
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(a) the name under which the limited...
- Section 69 - Registration and registration certificate
(1) On receiving an application for the registration of a limited partnership under section 68, the Registrar shall, if satisfied that section 65 has been complied with—
(a) register it as a limited...
- Section 70 - Registration of charges, deregistration and other matters
(1) The Registrar may make rules relating to the procedures of registration under this Act.
(2) The Fifth Schedule shall have effect for purposes of this section.
- Section 71 - Offences of providing false information
(1) A person who knowingly provides or causes to another person provide, false information commits an offence and is liable on conviction to a term not exceeding six years or to a fine not exceeding...
- Section 72 - Offences by bodies corporate
(1) If an offence under this Part committed by a body corporate is proved—
(a) to have been committed with the consent or connivance of an officer of the body corporate; or
(b) to be attributable...
- Section 73 - Evidence
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- Section 74 - Disclosure of information about partners, etc.
(1) A person dealing with a partnership shall be entitled, on request to the partnership or to a partner, to be informed of— (a) the full name of each partner; and
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- Section 75 - Rules
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- Section 76 - Regulations
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- Section 77 - Repeal of Cap. 29
The Partnership Act is repealed.
- Section 78 - Transitional provisions
Notwithstanding section 77—
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- Section 79 - Amendment of Cap. 22
The Limitation of Actions Act is amended by inserting the following new section immediately after section 10—
10A. Special time limit for secondary liability of partners
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