(1)A limited partner -

(a) shall be not liable to contribute any capital or property to the investment limited partnership except in the circumstances provided for in the partnership agreement,

(b) may receive out of the capital of the investment limited partnership a payment representing the return of any part of his contribution to the partnership in the circumstances provided for in the partnership agreement, but only if -

(i) the following duty of the general partner, under the 2013 Regulations, has been discharged, namely, the duty -

(I) to ensure that net asset value of the investment limited partnership is calculated in the manner provided for by those Regulations, and

(II) being that duty as of the most recent occasion (prior to the payment to the limited partner), on which it fell, in accordance with those Regulations, to be discharged,

and

(ii) the net asset value of the investment limited partnership, as calculated on that foregoing most recent occasion, was greater than zero,

and