PARTNERSHIP ACT 1963
PARTNERSHIP ACT 1963
TABLE OF PROVISIONS
Long Title
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
6. Meaning of partnership
7. Rules for determining existence 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
53. Incorporated limited partnership formed on registration
54. Incorporated limited partnership is separate legal entity
55. Partners in incorporated limited partnership
56. Partnership agreement
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
99. Determination of fees
100. Approved forms
101. Regulation-making power
DICTIONARY
ENDNOTES