The Partnerships (Unrestricted Size) No. 12 Regulations 1997

Statutory Instruments

1997 No. 1937

PARTNERSHIP

The Partnerships (Unrestricted Size) No. 12 Regulations 1997

Made

31st July 1997

Coming into force

1st September 1997

The Secretary of State, in exercise of the power conferred on her by sections 716(2)(d) and 744 of the Companies Act 1985(1), hereby makes the following Regulations:

1.  These Regulations may be cited as the Partnerships (Unrestricted Size) No. 12 Regulations 1997 and shall come into force on 1st September 1997.

2.  Section 716(1) of the Companies Act 1985 does not prohibit the formation, for the purpose of carrying on practice in relation to matters connected with the European Patent Convention, of a partnership consisting of persons the majority of whom are members of the Institute of Professional Representatives before the European Patent Office.

3.  For the purposes of these Regulations the European Patent Convention is the Convention on the Grant of European Patents signed in Munich on 5th October 1973 as from time to time amended(2).

Ian McCartney,

Minister of State,

Department of Trade and Industry

31st July 1997

Explanatory Note

(This note is not part of the Regulations)

Section 716 of the Companies Act 1985 prohibits the formation of partnerships consisting of more than 20 persons. These Regulations exempt from that prohibition any partnership formed for the purpose of carrying on practice in relation to matters connected with the European Patent Convention 1973 (Cmnd. 8510) where the majority of the partners are members of the Institute of Professional Representatives before the European Patent Office.

(1)

1985 c. 6; section 716(2)(d) was inserted by the Companies Act 1989 (c. 40), section 145 and Schedule 19, paragraph 15(2); section 744 contains a definition of “prescribed” relevant to the exercise of the power conferred by section 716(2)(d).

(2)

Cmnd. 8510.