Designation of New Brunswick limited liability partnership
8.1(1)The designation of a partnership as a New Brunswick limited liability partnership shall be effected by the filing with the registrar of a certificate of designation, accompanied by the fee prescribed by regulation, by the members of a firm whose governing jurisdiction is New Brunswick and which carries on business only for the purpose of practising an eligible profession, including carrying on activities incidental or directly related to the practice of the profession.
8.1(2)A certificate of designation shall not be filed under subsection (1) in respect of a partnership unless
(a)
a certificate of partnership or a certificate of renewal of partnership is registered under this Act in respect of the partnership,
(b)
the governing Act of the eligible profession, a regulation made under that Act or the governing body of the eligible profession permits the profession to be practised in a limited liability partnership, and
(c)
the governing Act of the eligible profession, a regulation made under that Act or the governing body of the eligible profession requires its members who practise the profession in New Brunswick as partners in or employees of a limited liability partnership to maintain a minimum amount of liability insurance.
8.1(3)A certificate referred to in subsection (1) shall be in the form prescribed by regulation and shall include the name of the eligible profession in which the partners practise and a statement from one of the partners certifying
(a)
that the partnership and the partners meet all the applicable eligibility requirements for the practice of the eligible profession in a limited liability partnership that are imposed in or under the governing Act of the eligible profession, and
(b)
that the partners in and employees of the partnership have the minimum amount of liability insurance that the governing Act of the eligible profession, a regulation made under that Act or the governing body requires, as provided for in paragraph (2)(c).
8.1(4)Where a certificate is filed under subsection (1), it shall, if required by the registrar, be accompanied by a statement from a person who is authorized by the governing body of the eligible profession to provide the statement, certifying
(a)
that the partnership and the partners meet all the applicable eligibility requirements for the practice of the eligible profession in a limited liability partnership that are imposed in or under the governing Act of the eligible profession, or
(b)
that the partners in and employees of the partnership have the minimum amount of liability insurance that the governing Act of the eligible profession, a regulation made under that Act or the governing body requires, as provided for in paragraph (2)(c).
Designation of New Brunswick limited liability partnership
8.1(1)The designation of a partnership as a New Brunswick limited liability partnership shall be effected by the filing with the registrar of a certificate of designation, accompanied by the fee prescribed by regulation, by the members of a firm whose governing jurisdiction is New Brunswick and which carries on business only for the purpose of practising an eligible profession, including carrying on activities incidental or directly related to the practice of the profession.
8.1(2)A certificate of designation shall not be filed under subsection (1) in respect of a partnership unless
(a)
a certificate of partnership or a certificate of renewal of partnership is registered under this Act in respect of the partnership,
(b)
the governing Act of the eligible profession, a regulation made under that Act or the governing body of the eligible profession permits the profession to be practised in a limited liability partnership, and
(c)
the governing Act of the eligible profession, a regulation made under that Act or the governing body of the eligible profession requires its members who practise the profession in New Brunswick as partners in or employees of a limited liability partnership to maintain a minimum amount of liability insurance.
8.1(3)A certificate referred to in subsection (1) shall be in the form prescribed by regulation and shall include the name of the eligible profession in which the partners practise and a statement from one of the partners certifying
(a)
that the partnership and the partners meet all the applicable eligibility requirements for the practice of the eligible profession in a limited liability partnership that are imposed in or under the governing Act of the eligible profession, and
(b)
that the partners in and employees of the partnership have the minimum amount of liability insurance that the governing Act of the eligible profession, a regulation made under that Act or the governing body requires, as provided for in paragraph (2)(c).
8.1(4)Where a certificate is filed under subsection (1), it shall, if required by the registrar, be accompanied by a statement from a person who is authorized by the governing body of the eligible profession to provide the statement, certifying
(a)
that the partnership and the partners meet all the applicable eligibility requirements for the practice of the eligible profession in a limited liability partnership that are imposed in or under the governing Act of the eligible profession, or
(b)
that the partners in and employees of the partnership have the minimum amount of liability insurance that the governing Act of the eligible profession, a regulation made under that Act or the governing body requires, as provided for in paragraph (2)(c).