Western Australian Consolidated Acts
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PARTNERSHIP ACT 1895
Partnership Act 1895
TABLE OF PROVISIONS
Long Title
1. Short title
2. Commencement
3. Terms used in this Act
4. Application of Act
6. Present law to continue except as modified
PART I -- Nature of partnership
7. Meaning of “partnership”
8. Rules to apply in determining partnership
9. Seller of business to be deferred to other creditors for value
10. Meanings of “firm” and “firm-name”
11. Number of persons in firm
12. Choice of firm-name
PART II -- Relations of partners to persons dealing with them
13. Partners bound by acts of firm
14. Partner using credit of firm for private purposes
15. Effect of notice that firm will not be bound by act of partner
16. Liability of partners
17. Liability of firm for wrongs
18. Misapplication of money or property
19. Liability for wrongs, joint and several
20. Improper employment of trust property
21. Persons liable by “holding out”
22. Admissions and representations by partners
23. Notice to acting partner to be notice to firm
24. Liabilities of incoming and outgoing partners
25. Revocation of continuing guaranty
26. Special powers of partners
27. Special powers of partners in certain firms
28. Enforcing judgments against partners and partnerships
PART III -- Relations of partners to one another
29. Terms of partnership may be varied by consent
30. Meaning of “partnership property”
31. Property bought with partnership money
32. Conversion of real into personal estate
33. Meaning of “partner’s share”
34. Rules as to interests, rights and duties of partners
35. Expulsion of partner
36. Retirement of partner where fixed term
37. Retirement from partnership at will
38. Where partnership continued after expiration of term
39. Partners to render accounts
40. Partners must account for all benefits derived
41. Partner must not compete with firm
42. Effect of assignment of partner’s share
43. Dissolution by expiration of notice
44. Dissolution by death, bankruptcy, assignment or charge
45. Dissolution by illegality of partnership
46. Dissolution by court
47. Rights of creditors against apparent members of firm
48. Partner may notify of dissolution
49. Authority for purposes of winding up
50. Application of partnership property
51. Sale of goodwill on dissolution
52. Use of firm-name may be restrained
53. Provision where premium paid
54. Lien on assets where partnership dissolved for fraud
55. Right of outgoing partner in certain cases to share profits made after dissolution
56. Retaining of deceased partner’s share to be a debt
57. Rules for distribution of assets on final settlement of accounts
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