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Section 71: Failure and refusal to execute document or statement

Limited Partnerships Act · PART IX: MISCELLANEOUS

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.

71. Failure and refusal to execute document or statement (1) Where a limited partnership fails or refuses— (a) to make or give any statement, declaration or notice required under this Act; or (b) to execute a partnership agreement or any amendment of such agreement or any other document relating to the business or affairs of the limited partnership, any person adversely affected by the failure or refusal may apply to the Court for an order directing— (i) that the statement, declaration or notice be made or given, or that the agreement, amendment or other document be executed, within such time as may be specified in the order; (ii) the deletion from the Register of the particulars of registration of the partnership. (2) Upon receiving an application under subsection (1), the Court may authorise the Registrar to delete, amend or make any entry in the Register. (3) Where the Court orders the deletion from the Register of the particulars of registration of the limited partnership, the limited partnership shall be dissolved and its certificate of registration shall cease to be valid. (4) An order under this section may contain such ancillary provision as the Court considers appropriate. (5) An application to the Court under subsection (1) shall be without prejudice to any other penalty, remedy or proceedings, whether civil, criminal or disciplinary, in respect of the failure or refusal.

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