Western Australian Current Acts

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PARTNERSHIP ACT 1895 Partnership Act 1895


           Long Title

   PART IA -- Preliminary  

   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

   PART IV -- Dissolution of partnership and its consequences  

   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
           Defined terms

        [Heading inserted: No. 19 of 2010 s. 44(2).]

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