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Ar
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In 1978 the Companies Ordinance was amended to permit
partnerships of more than 20 solicitors, accountants or
stockbrokers. But, by an apparent oversight, no corresponding
amendment was made to Item (6). Subsequently, many professional
firms expanded beyond the 20 partner limit. By failing to
register they have become unlawful societies rendering their partners, employees, landlords and others having dealings with them liable to criminal prosecution. Equally, as the courts will
not enforce illegal contracts, such persons may be unable to sue
for their fees, wages, rent, and other debts.
Sir,
Clearly the Societies Ordinance was never intended to apply to legitimate business enterprises and it is unjust that through its operation persons engaged in business associations
may have been rendered liable to criminal prosecution and unable
to use the law to enforce their civil claims.
Yes.
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مریشک
به
Clause 2 of the Bill amends the schedule
so that any
partnership, irrespective of the number of members, will be
excluded from the requirement to register as a society provided
that it is solely engaged in a lawful business and is registered:
under any other Ordinance (such as the Business Registration
Ordinance). By clause 1(2) the amendment will be retrospective to the date when the new Section 345(2) of the Companies Ordinance came into effect in 1978. By Clause 1(3) current legal
proceedings will be excluded from the retrospective operation of
the amendment.
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