Queensland Numbered Acts

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PARTNERSHIP AND OTHER ACTS AMENDMENT ACT 2004 No. 29 - SECT 17

17 Replacement of s 14 (Misapplication of money or property received for or in custody of the firm)

Section 14--

omit, insert--

'(1) In each of the following cases involving the partners of a firm, other than an incorporated limited partnership, the firm is liable to make good the loss mentioned in the case--

(a) 1 partner acting within the scope of the partner's apparent authority receives the money or property of a third person and misapplies it;
(b) a firm in the course of its business receives money or property of a third person, and the money or property so received is misapplied by 1 or more of the partners while it is in the custody of the firm.

'(2) In each of the following cases involving general partners in an incorporated limited partnership, the incorporated limited partnership is liable to make good the loss mentioned in the case--

(a) 1 general partner acting within the scope of the general partner's apparent authority receives the money or property of a third person and misapplies it;
(b) an incorporated limited partnership in the course of its business receives money or property of a third person, and the money or property so received is misapplied by 1 or more of the general partners while it is in the custody of the incorporated limited partnership.'.


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