Section 13
of International Limited Partnership Order, 2000
Section 13
(1)
The registration of an ILP shall be effected through a trust corporation by the payment of such fee as may be prescribed by regulations and by filing with the ILP Registrar a statement signed on behalf of the trust corporation filing the application for the ILP specifying –
(a)
the name of the ILP;
(b)
the general nature of the business of the ILP;
(c)
the address in Brunei Darussalam of the ILP;
(d)
the term, if any, for which the ILP is entered into or, if it is for unlimited duration, the date of its commencement and that the ILP is without limit of time; and
(e)
the full name and address of the general partner or, if there is more than one, of each general partner.
(2)
The ILP Registrar shall not register a statement required under subsection (1)
unless there is filed in addition a certificate of due diligence given by the trust corporation concerned in the prescribed form and by a certificate (which may be included in the certificate of due diligence) signed by the trust corporation certifying that the requirements of this Order in respect of registration have been complied with respect to the proposed ILP.
Incorporating amendments until S 1/2016
(Clean version) Nani/Amiriah/zimah _ as of 04.05.2019
15
BLUV as at 14 January 2016
(3)
Every document required or permitted to be lodged or filed with the ILP
Registrar under this Order shall be so filed through a trust corporation, and a trust corporation which wilfully files a certificate of due diligence which is untrue or based on incomplete information shall be guilty of an offence and liable on conviction to a fine not exceeding fifty thousand dollars, imprisonment not exceeding one year or both.
(4)
Subject to subsection (5), as soon as an ILP has complied with subsections (1)
and (2), the ILP Registrar shall issue to the ILP a certificate of registration under his hand and seal; and such a certificate shall be conclusive evidence that the requirements of this Order with respect to the formation and registration of the ILP have been complied with.
(5)
Notwithstanding subsection (4), the ILP Registrar may refuse to issue a certificate of registration in any case where, in his opinion, the adoption of the name proposed for the ILP would result in a contravention of section 5(2).
(6)
The ILP Registrar shall maintain a record of each ILP and the statements filed in relation to it under this section, and on payment of the prescribed fee any partner, director however described or liquidator of the ILP, the Authority or the trust corporation for the time being of the ILP or any other person with the written permission of such director, partner or liquidator or who can demonstrate to the Authority or the ILP Registrar that he has a cogent reason for doing so (not being a reason inconsistent with the objectives of this Order including but not limited to the provision of confidentiality) may, subject to this Order and during business hours –
(a)
inspect the registers and other documents kept by the ILP Registrar; and
(b)
make copies of or of extracts from those registers and documents.
Incorporating amendments until S 1/2016
(Clean version) Nani/Amiriah/zimah _ as of 04.05.2019
16
BLUV as at 14 January 2016
(7)
On request to the ILP Register made through the trust corporation concerned and on payment of the prescribed fee, he shall furnish any person of the class of persons or having the permission mentioned in subsection (6) with a copy, certified by him, of the certificate of the registration of the ILP or of any other document or part thereof, but save as aforesaid no document filed by the ILP Registrar in respect of the ILP shall be available for inspection or copying.
(8)
Notwithstanding subsection (7), except in the case of a partner, director, liquidator, the Authority or in any case where the prior written consent of the ILP or the trust corporation acting for the international company has been given, the ILP Registrar shall not allow any person to inspect any document or provide any person with a copy or extract of any document unless the ILP Registrar has given reasonable notice to the ILP at its registered office of his intention to do so, such notice to include details of the relevant documents and the persons who will inspect or be provided with a copy of such documents.
(9)
Until the date indicated on a certificate of registration issued under subsection
(3)
, no limited partner in the ILP to which the certificate relates shall have the benefit of limited liability.
Changes in registered particulars.