South Australian Current Acts

PARTNERSHIP ACT 1891 - SECT 68

68—Dissolution not available in certain cases

        (1)         Subject to the terms of any agreement between the partners in a limited partnership—

            (a)         a limited partner is not entitled to dissolve the partnership by notice; and

            (b)         the general partners or the other limited partners are not entitled to dissolve the partnership because a limited partner has allowed the partner's share of the partnership property to be charged for the partner's separate liabilities; and

            (c)         the death, insolvency or retirement or, in the case of a body corporate, the dissolution of a limited partner does not dissolve the partnership.

Note—

See section 1C

        (2)         The fact that a limited partner in a limited partnership or an incorporated limited partnership becomes, through permanent mental incapacity, incapable of managing the partner's affairs is not a ground for dissolution of the partnership by a court unless the share and interest of the partner in the partnership cannot be otherwise ascertained or realised.