Western Australian Consolidated Acts

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LIMITED PARTNERSHIPS ACT 1909 - SECT 4

4 .         Definition and constitution of limited partnership

        (1)         From and after the commencement of this Act, limited partnerships may be formed in the manner and subject to the conditions by this Act provided.

        (2)         A limited partnership shall not consist, in the case of a partnership carrying on the business of banking, of more than 10 persons, and, in the case of any other partnership, of more than 20 persons, and, must consist of one or more persons called general partners, who shall be liable for all debts and obligations of the firm and one or more persons to be called limited partners, who shall at the time of entering into such partnership contribute thereto, or undertake to contribute thereto, a sum or sums as capital or property valued at a stated amount, which shall be chargeable with and applicable to the payment of the debts and obligations of the firm, and who shall not otherwise be liable for the debts or obligations of the firm.

        (3)         A limited partner shall not, during the continuance of the partnership, either directly or indirectly, draw out or receive back any part of his contribution, and if he does so draw out or receive back any such part shall be liable for the debts and obligations of the firm up to the amount so drawn out or received back.

        (4)         A body corporate may be a limited partner.



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