Acts and Regulations

P-5 - Partnerships and Business Names Registration Act

Section 8.83
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Cancellation of designation
8.83(1)Where a partnership files with the registrar a certificate of cancellation of designation in the form prescribed by regulation, accompanied by the fee prescribed by regulation, the registrar shall cancel the designation of the partnership as a New Brunswick limited liability partnership or as an extra-provincial limited liability partnership.
8.83(2)The registrar may upon reasonable notice cancel the designation of a partnership as a New Brunswick limited liability partnership or as an extra-provincial limited partnership if the registrar receives a notice
(a) from a person who is authorized by the governing body of the applicable eligible profession in New Brunswick to provide the notice, stating that
(i) the partnership or one or more of the partners no longer 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
(ii) one or more of the partners or employees no longer 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 8.1(2)(c) or 8.6(2)(c), as the case may be, or
(b) from the regulatory official or body in the governing jurisdiction of the extra-provincial limited liability partnership, stating that the partnership no longer has the status of a limited liability partnership in that jurisdiction.
8.83(3)Reasonable notice of the registrar’s intention to cancel a designation under subsection (2) shall be deemed to be given for the purposes of that subsection if the registrar publishes a notice of intention in The Royal Gazette at least thirty days before cancellation of the designation.
8.83(4)Where the registrar cancels a designation under subsection (2), the registrar shall forthwith give notice of the cancellation in The Royal Gazette, and may, in the case of a New Brunswick limited liability partnership, revoke the registered name of the firm and assign a new name which does not use the phrase “Limited Liability Partnership” or its abbreviation “LLP” or the phrase “société à responsabilité limitée” or its abbreviation “s.r.l.”.
8.83(5)Where the registrar assigns a new name to a firm under subsection (4), the registrar shall issue and file a certificate of amendment showing the new name, and shall give notice of the change forthwith in The Royal Gazette.
8.83(6)No partner or partnership shall continue to hold the partnership out as being a New Brunswick limited liability partnership or an extra-provincial limited liability partnership after the cancellation of the designation of the partnership as such.
8.83(7)The cancellation of the designation of a New Brunswick limited liability partnership affects only the designation of the partnership as a New Brunswick limited liability partnership and does not dissolve the partnership.
2003, c.14, s.7
Cancellation of designation
8.83(1)Where a partnership files with the registrar a certificate of cancellation of designation in the form prescribed by regulation, accompanied by the fee prescribed by regulation, the registrar shall cancel the designation of the partnership as a New Brunswick limited liability partnership or as an extra-provincial limited liability partnership.
8.83(2)The registrar may upon reasonable notice cancel the designation of a partnership as a New Brunswick limited liability partnership or as an extra-provincial limited partnership if the registrar receives a notice
(a) from a person who is authorized by the governing body of the applicable eligible profession in New Brunswick to provide the notice, stating that
(i) the partnership or one or more of the partners no longer 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
(ii) one or more of the partners or employees no longer 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 8.1(2)(c) or 8.6(2)(c), as the case may be, or
(b) from the regulatory official or body in the governing jurisdiction of the extra-provincial limited liability partnership, stating that the partnership no longer has the status of a limited liability partnership in that jurisdiction.
8.83(3)Reasonable notice of the registrar’s intention to cancel a designation under subsection (2) shall be deemed to be given for the purposes of that subsection if the registrar publishes a notice of intention in The Royal Gazette at least thirty days before cancellation of the designation.
8.83(4)Where the registrar cancels a designation under subsection (2), the registrar shall forthwith give notice of the cancellation in The Royal Gazette, and may, in the case of a New Brunswick limited liability partnership, revoke the registered name of the firm and assign a new name which does not use the phrase “Limited Liability Partnership” or its abbreviation “LLP” or the phrase “société à responsabilité limitée” or its abbreviation “s.r.l.”.
8.83(5)Where the registrar assigns a new name to a firm under subsection (4), the registrar shall issue and file a certificate of amendment showing the new name, and shall give notice of the change forthwith in The Royal Gazette.
8.83(6)No partner or partnership shall continue to hold the partnership out as being a New Brunswick limited liability partnership or an extra-provincial limited liability partnership after the cancellation of the designation of the partnership as such.
8.83(7)The cancellation of the designation of a New Brunswick limited liability partnership affects only the designation of the partnership as a New Brunswick limited liability partnership and does not dissolve the partnership.
2003, c.14, s.7