PARTNERSHIP ACT 1891
PARTNERSHIP ACT 1891
TABLE OF PROVISIONS
Long Title
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
SCHEDULE 1--Savings, transitional and other provisions
Legislative history
