This essay will identify the nature and the purpose of The Partnership Act 1908 (“The Act 1908”) & The Limited Partnership Act 2008 (“The Ltd Act”), what is a general and a limited partnership, powers of a limited partnership, partners in a limited partnership, contributions, distributions, liabilities and economic and legal impacts. The different sections will explain the effect of adopting the limited liability partnership regime is for New Zealand, the reasons for the changes made as well as if these changes were the most effective that could have been put in place.
The nature of the The Act 1908 consists of several different parts. The Act 1908, under s(4)(1), states “a partnership is the relation which subsists between persons carrying on a business in common with a view to profit ”. The purpose of The Act 1908 was to consolidate certain enactments of the General Assembly to the law of partnership . Due to New Zealand’s (“NZ’s”) economy size, location on the planet and low level of investment ready firms with high growth potential in the county, it is difficult to attract foreign venture capital . In order to attract more foreign investors The Ltd Act was created, which contained the combination of both partnership and company law. The Ltd Act provides a higher level of protection for investors than a partnership, and the tax and confidentiality advantages as a partnership . The purpose of adopting The Ltd Act regime is to bring and involve NZ with a number of other international jurisdictions i.e. Australia, Canada and the United Kingdom, where limited partnerships have been a very popular investment vehicle for venture capital. Venture capital is important to encourage entrepreneurship in NZ, as it can generate availability of jobs and stimulate the eco ...