Section 115 — Corporations Act 2001 (Cth)

(1) A person must not participate in the formation of a partnership or association that:

(a) has as an object gain for itself or for any of its members; and

(b) has more than 20 members;

unless the partnership or association is incorporated or formed under an Australian law.

Note: For the effect of a contravention of this section, see section 103.

(2) The regulations may specify a higher number that is higher than the number specified in paragraph (1)(b) for the purposes of the application of that paragraph to a particular kind of partnership or association.

(3) An offence based on subsection (1) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

Related sections

• s 112 — Types of companies
• s 113 — Proprietary companies
• s 114 — Minimum of 1 member
• s 116 — Trade unions cannot be registered
• s 117 — Applying for registration
• s 118 — ASIC gives company ACN, registers company and issues certificate

Research how courts apply s 115

BriefBridge searches Australian caselaw by meaning — every answer cited to the paragraph.