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Version status: In force | Document consolidation status: Updated to reflect all known changes
Published date: 12 July 1994

Investment Limited Partnerships Act, 1994 (No. 24)

Comparing proposed amendment...
Introductory Text
Acts Referred to
Part I Preliminary (ss. 1-4)
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1. Short title.
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2. Commencement.
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3. Interpretation.
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4. Savings and disapplications of laws and enactments.
Part II Constitution (ss. 5-6)
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5. Constitution of investment limited partnership.
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6. Modification of general law and liability of limited partner for debts of investment limited partnership.
Part III Formation (ss. 7-10)
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7. Conditions for authorisation.
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8. Application for, and grant of, authorisation.
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9. Notification of refusal of authorisation and application to court.
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10. Records of investment limited partnership and statements filed.
Part IV Administration (ss. 11-24)
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11. Variation of partnership agreement and change in general partner or custodian.
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12. Registered office and name.
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13. Register.
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14. Prospectus.
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15. Accounts.
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16. Annual report and duty of auditor.
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17. Debts and obligations incurred by general partner.
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18. Admission of limited partners and assignment of interest.
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19. Differences as to business of investment limited partnership, inspection of books and contracts with partners.
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19A. References in partnership agreements to ‘majority of limited partners’: construction of such references for certain purposes.
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20. Return of capital.
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21. Assignment.
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22. Cessation of limited partner on assignment.
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23. Bankruptcy Act, 1988.
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24. Obligations of custodian.
Part V Powers of the Bank (ss. 25-36)
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25. Maintenance of records and powers of authorised persons.
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26. Appointment and powers of inspectors.
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27. Obligation of general partner and custodian to furnish information.
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27A. Requirement to hold information on beneficial ownership of partnership
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27B. Duty to give particular notice to individuals believed to be beneficial owners of investment limited partnership
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27C. Other particular steps that may be taken to establish identity of beneficial owners
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28. Change in particulars.
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28A. Duty of beneficial owner (in certain circumstances) to notify status as such
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28B. Duty of individual (in certain circumstances) to notify relevant change
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28C. Offence for failure to comply with notice under section 27B, 27C or 28
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29. Revocation of authorisation.
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30. Replacement of general partner and custodian.
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31. Notification by Bank of revocation or replacement.
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32. Application to court in case of refusal of authorisation, revocation of authorisation or replacement of general partner or custodian.
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33. Directions by the Bank.
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34. Power of court in case of failure to comply with requirement or condition.
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35. Personal liability of officers of general partner where failure to keep proper books or records.
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36. Authorisation not a warranty by the Bank.
Part VI Dissolution (ss. 37-38)
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37. Investment limited partnership not terminated by change in limited partners.
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38. Notice of dissolution.
Part VII Miscellaneous (ss. 39-59)
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39. Offences.
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40. Penalties.
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41. Offence by body corporate and bringing of proceedings.
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42. Hearing of proceedings other than in public.
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42A. Power of court to grant relief by way of indemnification.
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43. Law of other states.
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44. Report by Bank.
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45. Expenses.
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46. Duty to keep and maintain a beneficial ownership register.
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47. Discharge of initial central filing obligation - construction of references to that expression in sections 48 to 59.
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48. Delivery of information under sections 49 to 52: delivery may be effected by persons external to general partner (as well as by officers or employees of it).
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49. Registrar of Beneficial Ownership of Investment Limited Partnerships
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50. Establishment and maintenance of central register.
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51. Obligation of general partner to deliver beneficial ownership information to Registrar and related obligations of designated person where certain discrepancies discovered.
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52. Information which shall be delivered to Registrar.
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53. Information to be provided by presenter.
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54. Duty to keep information in beneficial ownership register and central register aligned and up to date.
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55. Unrestricted access to beneficial ownership information in central register.
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56. Restricted access to beneficial ownership information in central register.
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57. Obligations of competent authorities to report certain discrepancies to Registrar.
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58. Fees may be charged for access to central register.
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59. Offence for failure to comply with section 51, 52, 53 or 54 and supplemental provisions.
Part VIII Migration-in and Migration-out of Investment Limited Partnerships (ss. 60-67)
Chapter 1 Migration-in to become an investment limited partnership (ss. 60-63)
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60. Definitions and supplemental (Chapter 1)
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61. Registration documents
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62. Continuation of migrating partnership
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63. Supplementary provision in relation to section 62
Chapter 2 Revocation of authorisation following migration-out (ss. 64-65)
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64. Definitions and supplemental (Chapter 2)
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65. Revocation of authorisation of investment limited partnerships when continued under law of place outside the State
Chapter 3 Declaration of solvency (ss. 66-67)
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66. Definitions (Chapter 3)
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67. Statutory declaration as to solvency
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Schedule - Umbrella Investment Limited Partnerships