PARTNERSHIP ACT 1891 - SECT 1B
PARTNERSHIP ACT 1891 - SECT 1B
(1) In this Act—
"business" includes any trade, occupation or profession;
"Commission" means the Corporate Affairs Commission;
"Court" means the Supreme Court of South Australia;
"domestic partner" means a person who is a domestic partner within the meaning
of the Family Relationships Act 1975 , whether declared as such under
that Act or not;
"external partnership" means a partnership (or legal entity however described
in the nature of a partnership) formed in accordance with a law of another
State, a Territory or another country or jurisdiction, whether or not under
that law the liability of any partner for the liabilities of the partnership
(or entity) is limited and whether or not under that law the partnership (or
entity) is incorporated or is otherwise a separate legal entity;
"firm-name" of—
(a) an
incorporated limited partnership—means the name of the partnership
recorded in the Register; and
(b) of
an external partnership—means the name under which, in accordance with
the law of the place in which it is formed, the partnership carries on the
business of the partnership;
"general partner"—
(a) in a
limited partnership—means a partner in the limited partnership who is
not a limited partner; and
(b) in
an incorporated limited partnership—means a person or partnership
(including an external partnership) admitted as a partner in the
incorporated limited partnership in accordance with the partnership agreement
and who is not a limited partner;
"incorporated limited partnership" means an incorporated limited partnership
formed in accordance with section 48(2);
"liability" includes any debt, obligation or liability of any kind, wherever
and however incurred;
"limited partner"—
(a) in a
limited partnership—means a partner in the limited partnership whose
liability for the liabilities of the partnership is limited in accordance with
Part 3; and
(b) in
an incorporated limited partnership—means a person or partnership
(including an external partnership) admitted and designated as a
limited partner in the incorporated limited partnership in accordance with the
partnership agreement;
"limited partnership" means a limited partnership formed in accordance with
section 48(1);
"partner" in a limited partnership or incorporated limited partnership means a
general partner or a limited partner;
"Register" means the Register of Limited Partnerships and
Incorporated Limited Partnerships kept under Part 3;
"registered particulars" means particulars recorded in the Register;
"spouse"—a person is the spouse of another if they are legally married.
(2) In this Act, a
reference, in relation to an incorporated limited partnership, to the
partnership or the firm is a reference to the incorporated limited partnership
as a separate legal entity and not to the partners in that partnership.