PARTNERSHIP ACT 1963
Table of Provisions
PART 1--PRELIMINARY
- 1 Name of Act
- 2 Dictionary
- 3 Notes
- 4 Offences against Act—application of Criminal Code etc
- 5 Application of certain laws and rules of equity
PART 2--NATURE OF PARTNERSHIP
PART 3--RELATIONS OF PARTNERS TO PERSONS DEALING WITH THEM
- 9 Power of certain partners to bind firm
- 10 Partners bound by acts on behalf of firm
- 11 Partner using credit of firm for private purpose
- 12 Effect of notice that firm will not be bound by acts of partner
- 13 Liability of partner
- 14 Liability of firm not incorporated limited partnership for wrongs
- 14A Liability of incorporated limited partnership for wrongs
- 15 Misapplication of money or property received for, or in custody of, firm
- 16 Liability for wrongs joint and several
- 17 Improper use of trust property for partnership other than incorporated limited
- 17A Improper use of trust property for incorporated limited partnership
- 18 People liable by holding out
- 19 Admissions and representations of partners
- 20 Notice to acting partners is notice to firm
- 21 Liabilities of incoming and outgoing partners
- 22 Revocation of continuing guarantee by change of firm
PART 4--RELATIONS OF PARTNERS TO ONE ANOTHER
- 23 Variation by consent of terms of partnership
- 24 Partnership property of firms other than incorporated limited
- 24A Partnership property of incorporated limited partnership
- 25 Land bought by co-owners out of profits from land—other than incorporated
- 26 Property bought with money of firm
- 27 Conversion into personalty of land held by firm
- 29 Rules about interests and duties of partners other than in incorporated limited
- 30 Expulsion of partner
- 31 Retirement from partnership at will
- 32 Partnership for term continued over
- 33 Duty of partner to give accounts
- 34 Accountability of partners for private profits
- 35 Duty of partner not to compete with firm
- 36 Rights of assignee of share in partnership
PART 5--DISSOLUTION OF PARTNERSHIP AND ITS CONSEQUENCES
- 36A Application of pt 5
- 37 Dissolution by expiration or otherwise
- 38 Dissolution of partnership by death, bankruptcy, charge etc
- 39 Dissolution by illegality of partnership
- 40 Dissolution by Supreme Court
- 41 Rights of persons dealing with firm against apparent members of
- 42 Right of partners to notify dissolution
- 43 Public notice of dissolution or change
- 44 Continuing authority of partners for winding-up
- 45 Rights of partners to application of partnership property
- 46 Apportionment of premium when partnership prematurely dissolved
- 47 Rights where partnership dissolved for fraud or misrepresentation
- 48 Right of outgoing partner in certain cases to share profits made after
- 49 Retiring or deceased partner's share to be debt
- 50 Rules for distribution of assets on final settlement of accounts
PART 6--INCORPORATED LIMITED PARTNERSHIPS
Division 6.1--Preliminary
- 51 Definitions for pt 6
- 52 Application of other provisions of this Act
Division 6.2--Nature and formation of incorporated limited partnerships
Division 6.3--Registration of incorporated limited partnerships
- 57 Who may apply for registration
- 58 Application for registration
- 59 Registration of incorporated limited partnership
- 60 Register of incorporated limited partnerships
- 61 Changes in registered information
- 62 Certificates of registration etc
- 63 Business Names Registration Act (Cwlth) not to apply
- 64 Acts preparatory to registration do not create partnership
Division 6.4--Powers of incorporated limited partnerships
- 65 Powers of partnership
- 66 Relationship of partners to others and between themselves
Division 6.5--Liability and powers of limited partners
- 67 Limitation of liability of limited partners
- 68 Limited partner not to take part in incorporated limited partnership's management
- 69 Interpretation for s 68
- 70 Differences between partners
- 71 Change in partners
- 72 Change in status of partners
- 73 Liability for conduct, acts or omissions outside the ACT
- 74 Incorporated limited partnerships formed under corresponding laws
- 75 Effect of s 73 and s 74
Division 6.6--Winding-up of incorporated limited partnership
- 76 Meaning of assets for div 6.6
- 77 Voluntary winding-up
- 78 Winding-up on commissioner's certificate
- 79 Review of certificate
- 80 Procedure for winding-up on certificate
- 81 Distribution of assets on winding-up required on commissioner's certificate
- 82 Displacement and application of Corporations legislation etc
- 83 Commissioner to be told about winding-up
- 84 Cancellation of incorporation
Division 6.7--Miscellaneous
- 85 Execution of documents
- 86 Entitlement to make assumptions
- 87 Assumptions that may be made under s 86
- 88 Identification of incorporated limited partnerships
- 89 Display of certificate of registration
- 90 Registered office
- 91 Certain documents to be given to commissioner
- 92 Service on incorporated limited partnership
- 93 Entry in register constitutes notice
- 94 Duty to give information
- 95 Secrecy
- 96 Offences by partnerships
- 97 Delegation by commissioner
- 98 Relationship with Corporations legislation
PART 7--MISCELLANEOUS