Partnership Act (amended)

BILL NO. 194

(as introduced)

2nd Session, 60th General Assembly
Nova Scotia
57 Elizabeth II, 2008

Government Bill

Partnership Act
(amended)

The Honourable Jamie Muir
Minister of Service Nova Scotia and Municipal Relations

First Reading: October 30, 2008

(Explanatory Notes)

Second Reading: November 6, 2008

Third Reading: November 20, 2008 (WITH COMMITTEE AMENDMENTS) (LINK TO BILL AS PASSED)

Explanatory Notes

Clause 1 affords professional partners of Nova Scotia limited liability partnerships greater personal liability protection.

Clause 2 enables the formation of limited liability partnerships in Nova Scotia.

Clause 3 provides that the Act comes into force on proclamation.

An Act to Amend Chapter 334
of the Revised Statutes, 1989,
the Partnership Act

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1 Clause 48(g) of Chapter 334 of the Revised Statutes, 1989, the Partnership Act, is repealed and the following clause substituted: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2 Subsection 57(1) of Chapter 334 is repealed and the following subsection substituted: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).

3 This Act comes into force on such day as the Governor in Council orders and declares by proclamation.

This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2008 Crown in right of Nova Scotia. Created December 3, 2008. Send comments to legc.office@novascotia.ca.

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