PARTNERSHIP ACT 1891
Table of Provisions
PART 1--Preliminary
- 1A Short title
- 1B Interpretation
- 1C Application of laws to partnerships and incorporated limited partnerships
PART 2--Partnerships generally
Division 1--Nature of partnerships
- 1 Definition of partnership
- 2 Rules for determining existence of partnership
- 3 Postponement of rights of person lending or selling in consideration of share of profits in case of insolvency
- 4 Meaning of firm
Division 2--Relationship of partners to persons dealing with them
- 5 Power of partner to bind firm
- 6 Partners bound by acts on behalf of firm
- 7 Partner using credit of firm for private purposes
- 8 Effect of notice that firm will not be bound by acts of partner
- 9 Liability of partners
- 10 Liability of firm for wrongs
- 11 Misapplication of money or property received for or in custody of the firm
- 12 Liability for wrongs joint and several
- 13 Improper employment of trust property for partnership purposes
- 14 Persons liable by holding out
- 15 Admissions and representations of partners
- 16 Notice to acting partners to be notice to firm
- 17 Liabilities of incoming and outgoing partners
- 18 Revocation of continuing guaranty by change in firm
Division 3--Relationship between partners
- 19 Variation by consent of terms of partnership
- 20 Partnership property of firms other than incorporated limited partnerships
- 20A Partnership property of incorporated limited partnership
- 21 Property bought with partnership money
- 22 Conversion into personal estate of land held as partnership property
- 23 Procedure against partnership property for a partner's separate judgment debt
- 24 Rules as to interests and duties of partners other than partners in incorporated limited partnership subject to special agreement
- 25 Expulsion of partner
- 26 Retirement from partnership at will
- 27 Where partnership for term is continued over, continuance on old terms presumed
- 28 Duties of partners to render accounts etc
- 29 Accountability of partners for private profits
- 30 Duty of partner not to compete with firm
- 31 Rights of assignee of share in partnership
Division 4--Dissolution of partnership
- 31A Division does not apply to incorporated limited partnerships
- 32 Dissolution by expiration or notice
- 33 Dissolution by insolvency, death, or charge
- 34 Dissolution by illegality of partnership
- 35 Dissolution by the court
- 36 Rights of persons dealing with firm against apparent members of firm
- 37 Right of partners to notify dissolution
- 38 Continuing authority of partners for purposes of winding up
- 39 Rights of partners as to application of partnership property
- 40 Apportionment of premium where partnership prematurely dissolved
- 41 Rights where partnership dissolved for fraud or misrepresentation
- 42 Right of outgoing partner in certain cases to share profits made after dissolution
- 43 Retiring or deceased partner's share to be a debt
- 44 Rule for distribution of assets on final settlement of accounts
PART 3--Limited partnerships and incorporated limited partnerships
Division 1--Application of Act to limited partnerships and incorporated limited partnerships
- 47 Application of Act to limited partnerships and incorporated limited partnerships
Division 2--Nature and formation of limited partnerships and incorporated limited partnerships
- 48 Limited partnership or incorporated limited partnership is formed on registration
- 49 Composition of limited partnership or incorporated limited partnership
- 50 Size of a limited partnership or incorporated limited partnership
- 51 Incorporated limited partnership is separate legal entity
- 51A Powers of incorporated limited partnership
- 51B Partnership agreement
- 51C Relationship of partners in incorporated limited partnership to others and between themselves
Division 3--Registration of limited partnerships and incorporated limited partnerships
- 51D Who may apply for registration?
- 52 Application for registration
- 53 Registration of limited partnership or incorporated limited partnership
- 53A Acts preparatory to registration do not constitute partnership
- 54 Register of Limited PART nerships and Incorporated Limited Partnerships
- 55 Changes in registered particulars
- 56 Certificates of registration
- 57 Commission may correct Register
Division 4--Limitation of liability of limited partners in limited partnership
- 58 Liability of limited partner limited to amount shown in Register
- 59 Change in liability of limited partner
- 60 Change in status of partners
- 61 Liability for business conducted outside the State
- 62 Liability for limited partnerships formed under corresponding laws
- 62A Effect of sections 61 and 62 63. Contribution towards discharge of liabilities
- 64 Limitation on liability may not be varied by partnership agreement etc
Division 4A--Limitation of liability of limited partners in incorporated limited partnerships
- 64A Limitation of liability of limited partners
- 64B Change in status of partners
- 64C Liability in respect of conduct or acts or omissions outside the State
- 64D Incorporated limited partnerships formed under corresponding laws
- 64E Effect of sections 64C and 64D
Division 5--Other modifications of general law of partnership
- 65 Limited partner not to take part in management of limited partnership
- 65A Limited partner not to take part in management of incorporated limited partnership
- 65B Definitions etc applicable to section 65A 66. Differences between partners
- 67 Change in partners
Division 6--Dissolution and cessation of limited partnerships and incorporated limited partnerships
- 68 Dissolution not available in certain cases
- 69 Cessation of limited partnerships
- 70 Registration of dissolution or cessation of limited partnership
- 71 Winding up by general partners
- 71A Winding up of incorporated limited partnerships
Division 7--Miscellaneous
- 71B Execution of documents
- 71C Entitlement to make assumptions
- 71D Assumptions that may be made under section 71C 71E. Lodgment of certain documents with Commission
- 72 Signing of documents to be lodged with Commission
- 73 Model limited partnership agreement
- 74 Certain convicted offenders not to carry on business as general partners
- 75 Identification of limited partnerships and incorporated limited partnerships
- 76 Registered office
- 77 Service
- 78 Entry in Register constitutes notice
- 79 Giving false or misleading information
- 79A Offences by partnerships
- 79B Duty to furnish information
- 79C Confidentiality
- 80 Statutory declaration
- 81 General power of exemption of Commission
- 83 Regulations
- 84 Relationship with Corporations legislation