Partnership Act (amended)
BILL NO. 194
2nd Session, 60th General Assembly
57 Elizabeth II, 2008
The Honourable Jamie Muir
Minister of Service Nova Scotia and Municipal Relations
First Reading: October 30, 2008
Second Reading: November 6, 2008
Third Reading: November 20, 2008 (WITH COMMITTEE AMENDMENTS) (LINK TO BILL AS PASSED)
Clause 1 affords professional partners of Nova Scotia limited liability partnerships greater personal liability protection.
enables the formation of limited liability partnerships in Nova Scotia.
provides that the Act comes into force on proclamation.
Be it enacted by the Governor and Assembly as follows:
1 Clause 48(g) of Chapter 334 of the Revised Statutes, 1989, the Partnership Act, is repealed and the following clause substituted:
(g) "professional liability claim" means a claim against a partnership with respect to the negligence, wrongful act or omission, malpractice or misconduct of a partner occurring in the ordinary course of practising a profession in a Nova Scotia LLP or an extra-provincial LLP;
2 Subsection 57(1) of Chapter 334 is repealed and the following subsection substituted:
(1) Subject to subsections (2), (4) and (5), a partner in a Nova Scotia LLP is not individually liable, directly or indirectly, by means of indemnification, contribution, assessment or otherwise for
(a) debts, obligations or liabilities of the partnership or another partner that arise from the negligence, wrongful act or omission, malpractice or misconduct of
(i) another partner, or
(ii) an employee, agent or representative of the partnership,
occurring in the ordinary course of carrying on practice in a profession referred to in subsection 51(1) while the partnership is a Nova Scotia LLP; or
(b) any partnership obligation not referred to in clause (a).
This Act comes into force on such day as the Governor in Council orders and declares by proclamation.
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