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PARTNERSHIP ACT 1895 - SECT 34

PARTNERSHIP ACT 1895 - SECT 34

34 .         Rules as to interests, rights and duties of partners

        (1A)         The interests of partners in the partnership property, and their rights and duties in relation to the partnership, shall be determined, subject to any agreement, express or implied, between the partners, by the rules set out in subsections (1) to (9).

        (1)         All the partners are entitled to share equally in the capital and profits of the business, and must contribute equally towards the losses, whether of capital or otherwise, sustained by the firm.

        (2)         The firm must indemnify every partner in respect of payments made and personal liabilities incurred by him —

            (a)         in the ordinary and proper conduct of the business of the firm; or

            (b)         in or about anything necessarily done for the preservation of the business or property of the firm.

        (3)         A partner making, for the purpose of the partnership, any actual payment or advance beyond the amount of capital which he has agreed to subscribe, is entitled to interest at the rate of 6% per annum from the date of the payment or advance.

        (4)         A partner is not entitled, before the ascertainment of profits, to interest on the capital subscribed by him.

        (5)         Every partner may take part in the management of the partnership business, and shall attend diligently to the partnership business, and shall not be entitled to any remuneration for acting in the partnership business.

        (6)         No person may be introduced as a partner, without the consent of all existing partners.

        (7)         Any difference arising as to matters connected with the ordinary course of the partnership business may be decided by a majority of the partners.

        (7A)         A decision for the purposes of subsection (7) must be arrived at in good faith for the interest of the firm as a whole, and every partner must have an opportunity of being heard in the matter.

        (7B)         Subsection (7A) extends to powers conferred by a majority of the partners by express agreement.

        (8)         The partnership books are to be kept at the place of business of the partnership (or the principal place, if there is more than one), and every partner may, when he thinks fit, have access to inspect and copy any of them.

        (9)         No change may be made in the conduct or regulation of the partnership affairs without the consent or authority of a majority of the partners, and no change may be made in the nature of the partnership business, or the place where it is carried on, without the consent of all existing partners.

        [Section 34 amended: No. 19 of 2010 s. 51.]