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Section 2 of Limited Liability Partnership Act CAP 30: Interpretation

    

In this Act, unless the context otherwise requires—
"accounting records" include—
(a) invoices, receipts, orders for the payment of money, bills of exchange, cheques, promissory notes, vouchers and other documents of prime entry; and
(b) documents and records that record such entries; and
(c) such working papers and other documents as are necessary to explain the methods and calculations by which accounts are made up;
"address", in relation to a member of a limited liability partnership, means—
(a) if a natural person, the person’s usual residential address;
(b) if a body corporate, the body’s registered office;
“beneficial owner” has the meaning assigned to it under the Companies Act (Cap. 486);
"Cabinet Secretary" means the Cabinet Secretary for the time being responsible for matter relating to limited liability partnerships;
"company" means a company registered under the Companies Act (Cap. 486);
“Competent Authority” means the Attorney-General, any criminal investigation agency established by law, law enforcement agencies including the Financial Reporting Centre and Kenya Revenue Authority;
"disposition", in relation to property, includes any conveyance, assignment or transfer of, or any mortgage or charge over, the property;
"identity document" means—
(a) in the case of a person issued with an identity card, the number of the person’s identity card; or
(b) in the case of a person not issued with an identity card, particulars of the person’s passport or other available evidence sufficient to identify the person;
"limited liability partnership" means a partnership registered under this Act;
"limited liability partnership agreement", in relation to a limited liability partnership, means an agreement (expressed or implied)—
(a) between the partners of the partnership; or
(b) between the partnership and its partners, that determines the mutual rights and duties of the partners and their rights and duties in relation to the partnership;
"liquidator" includes the Official Receiver when acting as the liquidator of a corporation;
"manager", in relation to a limited liability partnership, means a person who (whether or not a partner of the partnership) is concerned in, or takes part in, the management of the partnership (whether or not the particulars or consent of that partner to act as such are lodged with Registrar as required under section 27(2);
"misfeasance" includes neglect and omission;
“nominator” means an individual, group of individuals or legal person that issues instructions, directly or indirectly, to a nominee to act on their behalf in the capacity of a partner;
“nominee partner” means an individual or legal person instructed by the nominator to act on their behalf in a certain capacity regarding a limited liability partnership;
"obligation" includes liability;
"officer", in relation to a limited liability partnership, means—
(a) a manager of the limited liability partnership;
(b) a receiver and a manager of a part of the undertaking of the partnership appointed under a power contained in an instrument; or
(c) a liquidator of the partnership appointed in a voluntary winding up, but does not include— (d) a receiver who is not a manager;
(e) a receiver and manager appointed by the Court; or
(f) a liquidator appointed by the Court or by the creditors;
"partner", in relation to a limited liability partnership, means a person who has been admitted as a partner in the partnership in accordance with the relevant limited liability partnership agreement;
"powers" includes rights and authorities;
"property" includes things in action;
"record" includes any book, account, document, paper or other source of information compiled, recorded or stored in written form, or on microfilm, or by electronic process, or in any other manner or by any other means;
"Register" means the Register of Limited Liability Partnerships established and maintained under this Act;
"Registrar" means the Registrar of Limited Liability Partnerships appointed or taken to have been appointed under section 3, and includes a Deputy Registrar or Assistant Registrar appointed under that section.

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Disclaimer: This document is not to be taken as legal advise.

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