Section 44A: Offence by limited partnership
consolidated text (as at 2016, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
44A. Offence by limited partnership
(1) Where an offence is committed by a limited partnership which does
not have legal personality, every general partner shall commit the offence.
(2) Where an offence is committed by a limited partnership which has legal
personality, every person who, at the time of the commission of the offence,
was concerned in the management of the limited partnership or was purporting to act in that capacity, shall also commit the like offence, unless he proves
that the offence was committed without his knowledge or consent and that he
took all reasonable steps to prevent the commission of the offence.
(3) (a) Where a limited partnership is charged with an offence, a representative may appear before the appropriate Court and enter a plea of guilty
or not guilty on behalf of the limited partnership.
(b) In this subsection, “representative” means a partner, the secretary
or any other person duly authorised by the limited partnership to represent it.
(4) In this section, “limited partnership” has the same meaning as in the
Limited Partnerships Act.
[S. 44A inserted by s. 82 (2) of Act 28 of 2011 w.e.f. 15 December 2011.]
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Questions this section answers
- If a limited partnership without legal personality commits an offence, who is held responsible?
- Can a manager of a limited partnership avoid liability by proving they didn't know of the offence?