Australian Capital Territory Current Acts

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PARTNERSHIP ACT 1963 - SECT 15

Misapplication of money or property received for, or in custody of, firm

    (1)     If either or both of the following happens, a firm that is not an incorporated limited partnership is liable to make good the loss:

        (a)     a partner in the firm, acting within the scope of the partner's apparent authority, receives someone else's money or property and misapplies it;

        (b)     in the course of the firm's business, the firm receives someone else's money or property, and the money or property is misapplied by 1 or more of the partners while in the firm's custody.

    (2)     If either or both of the following happens, an incorporated limited partnership is liable to make good the loss:

        (b)     a general partner in the partnership, acting within the scope of the general partner's apparent authority, receives someone else's money or property and misapplies it;

        (b)     in the course of the partnership's business, the partnership receives someone else's money or property, and the money or property is misapplied by 1 or more of the general partners while in the partnership's custody.

    (3)     In this section:

"someone else", in relation to a firm that is not an incorporated limited partnership or an incorporated limited partnership, does not include a partner in the partnership.



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