On May 6, 2022, Council adopted the Rules on Limited Liability Partnerships which authorizes a practising member or professional corporation to carry on the practice of law in a limited liability partnership provided that the practising member or professional corporation and the limited liability partnership comply with the Partnership and Business Names Registration Act and meet the prerequisites of the Rules on Limited Liability Partnerships.
The Rules on Limited Liability Partnerships are found at the following link: Rules on Limited Liability Partnerships
Limited Liability Partnership Procedures:
1. The law firm completes the relevant application (Form 1 – Application for a New Brunswick Limited Liability Partnership or Form 2 – Application for an Extra-Provincial Limited Liability Partnership) and delivers it to the Executive Director of the Law Society, along with a true copy of the completed certificate of designation that will be going to the Registrar of partnerships and business names under the Partnerships and Business names Registration Act and the appropriate fee (currently $50.00 per partner May 2022).
2. The Executive Director reviews the application and verifies that each individual partner is eligible to practise law in New Brunswick. In the case of an extra-provincial limited liability partnership that each partner resident in New Brunswick, is eligible to practise law in New Brunswick.
3. Upon completion of the review, the Executive Director issues a statement of certification, certifying that the law firm meets the requirements to become a limited liability partnership.
4. The statement of certification is forwarded to the law firm.
5. The law firm provides the Executive Director with proof of designation as a limited liability partnership as provided by the Registrar of partnerships and business names.
6. The limited liability partnership provides the Executive Director with confirmation that current clients have been advised of the partnership’s change in liability.
Note: The registration of a New Brunswick limited liability partnership or the registration of an extra-provincial limited liability partnership shall expire on the 31st day of August of the calendar year immediately following the year in which such registration is issued or renewed. The Executive Director shall in each year send to each New Brunswick limited liability partnership and to each extra-provincial limited liability partnership then registered with the Society a written notice respecting the renewal of its registration. The notice will advise what information and fee must be provided and will specify the deadline to be met