Partnerships Act 16 of 2012▤
Order for benefit of former partner
(1) A person who is interested in the winding up of a partnership may make an application for one or more orders under subsection…
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79 results · Partnerships Act 16 of 2012
Partnerships Act 16 of 2012▤
Order for repayment of premium on premature break up of partnership
(1) A person who— (a) joins a partnership whose duration is fixed; (b) pays a joining premium to an existing partner in the partne…
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Partnerships Act 16 of 2012▤
Order appointing provisional liquidator
(1) If an application made under section 52 has not yet been determined, the Court may, on the application of— (a) a partner; (b)…
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Partnerships Act 16 of 2012▤
Power of Court to appoint liquidator
(1) The Court may on the application made by— (a) a partner; (b) a person interested in the winding up of the partnership; or (c)…
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Partnerships Act 16 of 2012▤
Order breaking up partnership on application of the Minister
(1) Where it appears to the Minister that a partnership should be broken up, the Minister may apply to the Court for an Order brea…
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Partnerships Act 16 of 2012▤
Interim orders
In relation to an application made under section 44(1)(a) or (b), the Court may make an order prohibiting or limiting the extent t…
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Partnerships Act 16 of 2012▤
Meaning of “non-disclosure”
In section 48, “non-disclosure” means breach of a duty of disclosure— (a) under section 9(2)(a) or 10; or (b) under the default ru…
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Partnerships Act 16 of 2012▤
Fraud, misrepresentation or non-disclosure
(1) Sections 50 and 51 shall apply, if the ground on which the Court makes an order under section 50 is that of fraud, misrepresen…
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Partnerships Act 16 of 2012▤
Court may give directions
(1) The Court may, by an order under section 44, give such directions as it thinks fit for giving effect to the order, including,…
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Partnerships Act 16 of 2012▤
Combination orders
(1) An application for an order breaking up a partnership under section 44(1)(c) may include an application for an order under sec…
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Partnerships Act 16 of 2012▤
Order to specify date of removal or break up
(1) An order under section 44(1)(a) or (b) shall specify the date a partner ceases to be a partner, which may be any date not earl…
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Partnerships Act 16 of 2012▤
Power of Court to make order removing partner or breaking up partnership
(1) The Court may, on the application of any partner, make an order— (a) removing the partner from the partnership; (b) removing a…
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Partnerships Act 16 of 2012▤
Power of Court to make order charging partner’s share
(1) The Court may, on the application by a judgment creditor of a partner, make an order charging that partner’s interest in the p…
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Partnerships Act 16 of 2012▤
Dissolution of partnership which has broken up
(1) A partnership which breaks up under section 35 shall stand dissolved if— (a) all partnership property is distributed to person…
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Partnerships Act 16 of 2012▤
Distribution of partner’s assets on winding up
(1) The interests of partners in the partnership property and their rights and duties in relation to the partnership property shal…
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Partnerships Act 16 of 2012▤
Winding up by partners
(1) A partnership which breaks up may be wound up under this section by one or more partners in the partnership. (2) Differences a…
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Partnerships Act 16 of 2012▤
Protection for property acquired after break-up
(1) In this section, “successor partnership” means a partnership— (a) formed on or after the break up of a partnership which has n…
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Partnerships Act 16 of 2012▤
Publicity for departure of partner or break up of partnership
(1) A person who voluntarily ceases to be a partner in a partnership— (a) may publish notice of the fact that he has ceased to be…
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Partnerships Act 16 of 2012▤
Restriction on ceasing to be a partner on or after break up
(1) A person who ceases to be a partner on the break up of a partnership is nevertheless to be treated as continuing to be a partn…
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Partnerships Act 16 of 2012▤
Effects of break up
(1) A partnership which breaks up in the manner described in section 35 shall carry on with partnership business in so far as it i…
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Partnerships Act 16 of 2012▤
Break up of partnership
(1) A partnership breaks up if— (a) the number of partners falls below two; (b) the partnership is for a fixed term and the term e…
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Partnerships Act 16 of 2012▤
Position of assignee of partner’s share
(1) An assignment of a share in a partnership shall not entitle the assignee to— (a) participate in the management or administrati…
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Partnerships Act 16 of 2012▤
Restrictions on liability of former partners or employees by “holding out”
(1) A former partner is not personally liable for a debt or obligation incurred by the partnership as a result of any dealings bet…
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Partnerships Act 16 of 2012▤
Former partners: indemnity and contribution, and return of property
(1) A partnership shall indemnify a former partner in respect of payment made by the partner to discharge the whole or part of his…
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