Section 26Part 1 — Exempted Limited Partnership Act
Agreement as to benefits
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A person who has executed the partnership agreement of an exempted limited par tnership or who is named or otherwise identified, including as a class, in the partnership agreement shall not be deemed to be or otherwise construed as a partner of the exempted limited partnership if —
that person has executed the partnership agreeme nt solely in order to take the benefit of a provision of, or assume an obligation under, the partnership agreement otherwise than as a partner; or
where, on a proper construction of the partnership agreement, the parties did not intend the person to be a partner of the exempted limited partnership.