• Specific Year
    Any

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

Navigate