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Partnership Act, 1890 (No. 39)Introductory TextNature of partnership (ss. 1-4)1. Definition of partnership.2. Rules for determining existence of partnership.3. Postponement of rights of person lending or selling in consideration of share of profits in case of insolvency.4. Meaning of firm.Relations of partners to persons dealing with them (ss. 5-18)5. Power of partner to bind the firm.6. Partners bound by acts on behalf of firm.7. Partner using credit of firm for private purposes.8. Effect of notice that firm will not be bound by acts of partner.9. Liability of partners.10. Liability of the firm for wrongs.11. Misapplication of money or property received for or in custody of the firm.12. Liability for wrongs joint and several.13. Improper employment of trust-property for partnership purposes.14. Persons liable by "holding out".15. Admissions and representations of partners.16. Notice to acting partner to be notice to the firm.17. Liabilities of incoming and outgoing partners.18. Revocation of continuing guaranty by change in firm.Relations of partners to one another (ss. 19-31)19. Variation by consent of terms of partnership.20. Partnership property.21. Property bought with partnership money.22. Conversion into personal estate of land held as partnership property.23. Procedure against partnership property for a partner's separate judgment debt.24. Rules as to interests and duties of partners subject to special agreement.25. Expulsion of partner.26. Retirement from partnership at will.27. Where partnership for term is continued over, continuance on old terms presumed.28. Duty of partners to render accounts, &c.29. Accountability of partners for private profits.30. Duty of partner not to compete with firm.31. Rights of assignee of share in partnership.Dissolution of partnership, and its consequences (ss. 32-44)43. Retiring or deceased partner's share to be a debt.42. Right of outgoing partner in certain cases to share profits made after dissolution.41. Rights where partnership dissolved for fraud or misrepresentation.40. Apportionment of premium where partnership prematurely dissolved.33. Dissolution by bankruptcy, death, or charge.39. Rights of partners as to application of partnership property.37. Right of partners to notify dissolution.36. Rights of persons dealing with firm against apparent members of firm.35. Dissolution by the Court.34. Dissolution by illegality of partnership.32. Dissolution by expiration or notice.44. Rule for distribution of assets on final settlement of accounts.38. Continuing authority of partners for purposes of winding up.Supplemental (ss. 45-50)46. Saying for rules of equity and common law.45. Definitions of "court" and "business."50. Short title.49. Commencement of Act.48. Repeal.47. Provision as to bankruptcy in Scotland.Schedule - Enactments Repealed
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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 1 January 1891 - onwards
Version 2 of 2

19. Variation by consent of terms of partnership.

The mutual rights and duties of partners, whether ascertained by agreement or defined by this Act, may be varied by the consent of all the partners, and such consent may be either express or inferred from a course of dealing.

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