Companies (Amendment) Act, 1982

Non-application of section 376 of Principal Act to certain partnerships.

13.—(1) The provisions of section 376 of the Principal Act shall not apply to the formation of a partnership—

(a) for the purpose of carrying on practice as accountants in a case where each partner is a person who is qualified under section 162 (1) (a) or (b) of the Principal Act, as amended by this Act, or

(b) for the purpose of carrying on practice as solicitors in a case where each partner is a solicitor.

(2) The Minister may by an order made under this section declare that the provisions of section 376 of the Principal Act shall not apply to the formation of a partnership of a description, and which is formed for a purpose, specified in the order.

(3) Every order made under subsection (2) of this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either House within the next 21 days on which that House has sat after the order is laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

(4) The Minister may revoke or amend an order made under this section, including this subsection.

(5) The provisions of section 4 (2) of the Limited Partnerships Act, 1907 shall not apply to a partnership specified in subsection (1) of this section nor to a partnership specified in an order made pursuant to subsection (2) of this section.