19 Apr 2011 in National Assembly:
Thank you, Mr. Speaker, Sir. I was on the point of informing the Members the importance of this Bill is to cure defects that are currently in the Limited Partnership Act, Cap. 10 of Laws of Kenya.
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19 Apr 2011 in National Assembly:
Mr. Speaker, Sir, what this Bill is proposing is that, once you have a limited partnership, the partners, at the time of entering into the partnership, will contribute a specific sum as capital. This would be their only liability as far as that partnership is concerned. Unlike the current case where once you are a partner, you are personally liable, not only for the debts of the partnership, but also for the debts and liabilities of your other partners.
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19 Apr 2011 in National Assembly:
As I said, this has been the main cause for the break-ups of very successful partnerships which initially do so well, but once they start being successful, problems arise. As I said, this is the main defect that this Bill is trying to cure.
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19 Apr 2011 in National Assembly:
Madam Temporary Speaker, the Limited Liability Partnership Bill seeks to repeal and replace the Limited Liability Partnership Act. As I said, this is Chapter 30, of Laws of Kenya. The main distinction between the old Act and this Bill is the elaborate provisions on the establishment and functioning of the limited partnerships. It is hoped that the new law will encourage development professional business in a stable environment. This Bill was developed by a taskforce that was established by the Attorney-General. This taskforce was on companies, insolvency and partnerships. All the stakeholders were involved. Lawyers, accountants, NGOs and any person ...
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19 Apr 2011 in National Assembly:
Madam Temporary Deputy Speaker, this Bill has very specific provisions. First of all, it constitutes the Office of the Registrar of Limited Liability Partnerships. The Bill proposes that the Registrar of Companies be also the Registrar of Limited Liability Partnerships. This will mean that it is possible to implement the Act of Parliament, once it is passed by this House immediately because the Registrar of Limited Liability Partnership will be the same as the Registrar of Companies. Therefore, he or she will use the officers and facilities that are currently at the Companies Registry. The procedure for establishing limited liability ...
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19 Apr 2011 in National Assembly:
Madam Temporary Deputy Speaker, I have understood, but he had said that we forgive his ignorance and I have forgiven him for his ignorance.
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19 Apr 2011 in National Assembly:
Madam Temporary Deputy Speaker, that is what he said. He begged for our forgiveness on his ignorance, but I can explain. There is a distinction between a private limited liability company and a limited partnership. It is so obvious, but maybe, I did not point it out. I will go into it for the sake of other people. This Bill is trying to give provisions for the conversion of ordinary partnerships into limited liability companies. Currently, we have limited liability partnerships under Cap.30 of the Laws of Kenya but it is now outdated. It was passed a long time ago ...
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19 Apr 2011 in National Assembly:
Madam Temporary Deputy Speaker, I am saying that there is a big distinction between a limited liability partnership and a private limited liability company. There is a big difference particularly on the registration process and the management. For example, you cannot have more than 50 members of a private company with limited liability. If you have more than 50 members, then you must convert it into a public company. Basically, this is what this Bill is trying to do. It is trying to update our current Cap.30 with adequate provisions to cure all the defects. I have said that most ...
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19 Apr 2011 in National Assembly:
Madam Temporary Deputy Speaker, having clarified that, I beg to move and request Mr. Kimunya to second this very important Bill.
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19 Apr 2011 in National Assembly:
On a point of order, Madam Temporary Deputy Speaker. The hon. Member has stated very clearly that the Kuwait Government donated loads and loads of oil to this country. Can he say how much it was, when, what was it worth and where---
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