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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