Alice-Mary Higgins (Independent) | Oireachtas source

I move amendment No. 7:

In page 50, line 39, after "partner" to insert "or limited partner".

These amendments relate to the winding up or liquidation of a partnership. At present, the Bill simply requires that a statutory declaration be made that the general partner had not been notified of any order or resolution to wind up or liquidate, and similarly, that the general partner had not been notified of the appointment of a liquidator or similar person. I am proposing to extend that provision because it is crucial that such a statutory declaration should also be able to confirm that no limited partner has been notified of an intention to liquidate or appoint a liquidator. This proposal reflects my concern that there is real power without responsibility and culpability here. I do not want us to end up with a statutory declaration where, in theory, the general partner can claim it did not know of the appointment of a liquidator even though an active limited partner, possibly a board member, may have been aware of such a situation.