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