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New Zealand law explained for everyone

Limited Partnerships Act 2008

General - Powers of limited partnership

17: Method of contracting

You could also call this:

"How a limited partnership can agree to a contract"

Illustration for Limited Partnerships Act 2008

When you enter into a contract as a limited partnership, it can be done in different ways. You can sign a contract on behalf of the limited partnership if you are a general partner. If the partnership agreement says so, other people can also sign contracts for the limited partnership.

If a contract normally needs to be in writing when a person signs it, then a limited partnership can also sign it in writing. This can be done by someone who has the permission of the limited partnership. If a contract does not need to be in writing when a person signs it, then a limited partnership can sign it in writing or verbally.

This applies to contracts whether they were signed in New Zealand or not, and no matter which country's law applies to the contract, you can see more about this in s 180. You can enter into contracts in different ways depending on what the law says. The law applies to contracts signed in New Zealand or elsewhere.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1139157.

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"Who can be a partner in a limited partnership"

Part 2General
Powers of limited partnership

17Method of contracting

  1. A contract or other enforceable obligation may be entered into by a limited partnership as follows:

  2. an obligation that, if entered into by a natural person, would, by law, be required to be by deed, may be entered into on behalf of the limited partnership in writing signed under the name of the limited partnership by—
    1. a general partner; or
      1. if the partnership agreement of the limited partnership so provides, any person or class of persons whose signature or signatures must be witnessed:
      2. an obligation that, if entered into by a natural person, is, by law, required to be in writing, may be entered into on behalf of the limited partnership in writing by a person acting under the limited partnership's express or implied authority:
        1. an obligation that, if entered into by a natural person, is not, by law, required to be in writing, may be entered into on behalf of the limited partnership in writing or orally by a person acting under the limited partnership's express or implied authority.

          1. Subsection (1) applies to a contract or other obligation—

          2. whether or not that contract or obligation was entered into in New Zealand; and
            1. whether or not the law governing the contract or obligation is the law of New Zealand.

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