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Section 2: Interpretation

Limited Liability Partnerships Act

consolidated text (as at 2017, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

2. Interpretation In this Act— “appropriate authority” includes any Ministry or Government department, local authority, statutory body or the Rodrigues Regional Assembly; “Category 1 Global Business Licence” means a Category 1 Global Business Licence issued under the Financial Services Act; “CBRIS” has the same meaning as in the Companies Act; [Issue 9] L15A1 – 2 Revised Laws of Mauritius “Commission” means the Financial Services Commission established under the Financial Services Act; “Court” means the Bankruptcy Division of the Supreme Court; “financial summary” means the financial summary referred to in section 40; “foreign limited liability partnership” means a partnership— (a) constituted under the law of a country other than Mauritius; (b) in which the partners have limited liability; and (c) registered as such under this Act; “Global Legal Advisory Services licence” means the licence referred to in section 77A (1) of the Financial Services Act; “limited liability partnership”— (a) means a limited liability partnership constituted or continued in Mauritius; and (b) includes a foreign limited liability partnership registered as a foreign limited liability partnership under this Act; “liquidator” has the same meaning as in the Insolvency Act; “local authority” has the same meaning as in the Local Government Act; “manager” means the manager referred to in section 38; “Minister” means the Minister to whom responsibility for the subject of finance is assigned; “officer” means a director, associate, trustee or any other natural person or a manager involved, directly or indirectly, in the management of a partner or a limited liability partnership; “partner”, in relation to a limited liability partnership, means any person who has been admitted as a partner in the limited liability partnership in accordance with its partnership agreement; “partnership agreement” means an agreement, in writing, between the partners of a limited liability partnership which determines— (a) the manner in which the affairs of the limited liability partnership shall be conducted; and (b) the mutual rights and duties of the partners and their rights and duties in relation to the limited liability partnership; “partnership interest” means the interest of a partner in a limited liability partnership in respect of the profit, capital, voting and other rights, benefits or obligations to which he is entitled or subject under this Act or the partnership agreement; L15A1 – 3 [Issue 9] Limited Liability Partnerships Act “receiver” has the same meaning as in the Insolvency Act; “register” means the register of limited liability partnerships referred to in section 25; “Registrar” means the Registrar of Limited Liability Partnerships referred to in section 5; “resident” means— (a) a natural person who resides in Mauritius; or (b) an entity incorporated, registered or established under the laws of Mauritius; “service address”— (a) means the address at which documents may be served; and (b) includes the address of a registered office; “wrongful act or omission” includes any act or omission— (a) amounting to dishonesty, fraud, breach of fiduciary duty or gross negligence; or (b) in breach of any enactment.

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