PARTNERSHIP ACT 1891
- Act 3 of 1891 - Royal Assent 13 August 1891Table of Provisions
Long TitlePART 1 - Preliminary
- 1 Short title
- 2 Commencement
- 3 Section 3
- 4 Interpretation
- 5 Saving for rules of equity and common law
PART 2 - Partnerships generally Division 1 - Nature of partnership
- 6 Definition of partnership
- 7 Rules for determining existence of partnership
- 8 Postponement of rights of person lending or selling in consideration of share of profits in case of insolvency of borrower or purchaser
- 9 Meaning of firm
Division 2 - Relationships of partners to persons dealing with them
- 10 Power of partner to bind partnership
- 11 Partners bound by acts on behalf of firm or partnership
- 12 Partner using credit of firm or partnership for purpose not connected with business
- 13 Effect of notice that firm or partnership not bound by acts of partner
- 14 Liability of partners
- 15 Liability for wrongs of partners
- 16 Misapplication of money or property received for or in custody of firm
- 17 Liability for wrongs, joint and several
- 18 Improper employment of trust property for partnership purposes
- 19 Persons liable by holding out
- 20 Admissions and representations of partners
- 21 Notice to partner to be notice to firm
- 22 Liabilities of incoming and outgoing partners
- 23 Revocation of continuing guarantee by change in firm
Division 3 - Relationship between partners
- 24 Variation by consent of terms of partnership
- 25 Partnership property
- 25A Partnership property of incorporated limited partnership
- 26 Property bought with partnership money
- 27 Conversion into personal estate of land held as partnership property
- 28 Procedure against partnership property for partner's separate judgment debt
- 29 Rules as to interests and duties of partners subject to special agreement
- 30 Expulsion of partner
- 31 Retirement from partnership at will
- 32 Where partnership for term is continued over, continuance on old terms presumed
- 33 Duty of partners to render accounts, &c.
- 34 Accountability of partners for private profits
- 35 Duty of partner not to compete with firm
- 36 Rights of assignee of share in partnership
Division 4 - Dissolution of partnership
- 36A Application of Division
- 37 Dissolution by expiration or notice
- 38 Dissolution by bankruptcy, death, or charge
- 39 Dissolution by illegality of partnership
- 40 Dissolution by the Court
- 41 Rights of persons dealing with firm against apparent members of firm
- 42 Right of partner to notify dissolution
- 43 Continuing authority of partners for purposes of winding up
- 44 Rights of partners as to application of partnership property
- 45 Apportionment of premium where partnership prematurely dissolved
- 46 Rights where partnership dissolved for fraud or misrepresentation
- 47 Right of outgoing partner in certain cases to share profits made after dissolution
- 48 Retiring or deceased partner's share to be a debt
- 49 Rule for distribution of assets on final settlement of accounts
PART 3 - Limited Partnerships and Incorporated Limited Partnerships
Division 1 - Preliminary
- 50 Application of other provisions of this Act
Division 2 - Nature and formation of limited partnership and
incorporated limited partnership- 51 Limited partnership or incorporated limited partnership is formed on registration
- 52 Composition of limited partnership or incorporated limited partnership
- 53 Size of limited partnership or incorporated limited partnership
- 54 Incorporated limited partnership is separate legal entity
- 55 Powers of incorporated limited partnership
- 56 Partnership agreement
- 57 Relationship of partners in incorporated limited partnership to others and between themselves
Division 3 - Registration of limited partnerships and incorporated
limited partnerships- 58 Who may apply for registration?
- 59 Application for registration
- 60 Registration of limited partnership
- 61 Acts preparatory to registration do not constitute partnership
- 62 Changes in registered particulars
- 63 Register of Limited Partnerships and Incorporated Limited Partnerships
- 64 Certificates of registration
- 65 Business Names Act 1962 not to apply
Division 4 - Limitation of liability of limited partners in limited
partnership- 66 Liability of limited partner limited to amount shown in Register
- 67 Change in liability of limited partner
- 68 Change in status of partners
- 69 Liability for business conducted outside State
- 70 Liability for limited partnerships formed under corresponding laws
- 71 Effect of sections 69 and 70
- 72 Contribution towards discharge of debts, &c.
- 73 Limitation on liability may not be varied by partnership agreement, &c.
Division 5 - Limitation of liability of limited partners in
incorporated limited partnership- 74 Limitation of liability of limited partners
- 75 Change in status of partners
- 76 Liability in respect of conduct or acts or omissions outside State
- 77 Incorporated limited partnerships formed under corresponding laws
- 78 Effect of sections 76 and 77
Division 6 - Other modifications of general law of partnership
- 79 Limited partner not to take part in management of limited partnership
- 80 Limited partner not to take part in management of incorporated limited partnership
- 81 Differences between partners
- 82 Change in partners
Division 7 - Dissolution and cessation of limited partnerships and
incorporated limited partnerships- 83 Dissolution not available in certain cases
- 84 Cessation of limited partnerships
- 85 Registration of dissolution or cessation of limited partnership
- 86 Winding-up by general partners
- 87 Winding-up of incorporated limited partnerships
Division 8 - Miscellaneous provisions
- 88 Execution of documents
- 89 Entitlement to make assumptions
- 90 Assumptions that may be made under section 89
- 91 Lodgment of certain documents with Director
- 92 Model limited partnership agreement
- 93 Identification of limited partnerships and incorporated limited partnerships
- 94 Registered office
- 95 Service
- 96 Entry in Register constitutes notice
- 97 Giving false or misleading information
- 98 Offences by partnerships
- 99 Duty to furnish information
- 100 Regulations
- 101 Relationship with Corporations legislation SCHEDULE 1
[ Note: This table has been automatically generated and may be incomplete. ]