Australian Capital Territory Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

PARTNERSHIP ACT 1963 - SECT 36

Rights of assignee of share in partnership

    (1)     An assignment by a partner in a firm of the partner's share in the partnership, whether absolute or by way of mortgage or redeemable charge, does not, as against the other partners in the firm, entitle the assignee during the continuance of the partnership

        (a)     to interfere in the management or administration of the business or affairs of the firm; or

        (b)     to require an account of the transactions of the firm; or

        (c)     to inspect the books of the firm.

    (2)     An assignment referred to in subsection (1) entitles the assignee only to receive the share of profits of the firm to which the assigning partner would otherwise be entitled, and the assignee must accept the account of profits of the firm agreed to by the partners.

    (3)     In case of a dissolution of a partnership after a partner has assigned the partner's share in the partnership, whether as respects all the partners or as respects the assigning partner, the assignee is entitled to receive the share of the partnership property to which the assigning partner is entitled as between the partner and the other partners and, for the purpose of ascertaining that share, to an account as from the date of the dissolution.

    (4)     This section does not apply in relation to an incorporated limited partnership.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback