QLDIn ForceAct
Duties Act 2001
sec.42What is a partner’s partnership interest
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### sec.42 What is a partner’s partnership interest
A partner’s partnership interest is—
if the partner has a variable partnership entitlement under subsection (2) —the proportion that the value of the partner’s entitlements as a partner bears to the value of the entitlements of all partners in the partnership expressed as a percentage; or
if the partner is entitled only to share in the profits of the partnership and has given or is required to give consideration, or has made or is required to make a contribution to the capital of the partnership, for the acquisition of the profit-sharing right—the partner’s profit-sharing percentage; or
if paragraph (a) or (b) does not apply—the greater of the following—
the percentage of the capital of the partnership the partner has contributed or is obliged to contribute;
the percentage of the losses of the partnership the partner is required to bear.
For subsection (1) (a) , a partner has a variable partnership entitlement in a partnership if, in the ordinary course of determining the partner’s entitlement to share in the profits or obligation to contribute to the capital or losses of the partnership, the entitlement or obligation varies or may vary from time to time.
(sec.42-ssec.1) A partner’s partnership interest is— if the partner has a variable partnership entitlement under subsection (2) —the proportion that the value of the partner’s entitlements as a partner bears to the value of the entitlements of all partners in the partnership expressed as a percentage; or if the partner is entitled only to share in the profits of the partnership and has given or is required to give consideration, or has made or is required to make a contribution to the capital of the partnership, for the acquisition of the profit-sharing right—the partner’s profit-sharing percentage; or if paragraph (a) or (b) does not apply—the greater of the following— the percentage of the capital of the partnership the partner has contributed or is obliged to contribute; the percentage of the losses of the partnership the partner is required to bear.
(sec.42-ssec.2) For subsection (1) (a) , a partner has a variable partnership entitlement in a partnership if, in the ordinary course of determining the partner’s entitlement to share in the profits or obligation to contribute to the capital or losses of the partnership, the entitlement or obligation varies or may vary from time to time.
- (a) if the partner has a variable partnership entitlement under subsection (2) —the proportion that the value of the partner’s entitlements as a partner bears to the value of the entitlements of all partners in the partnership expressed as a percentage; or
- (b) if the partner is entitled only to share in the profits of the partnership and has given or is required to give consideration, or has made or is required to make a contribution to the capital of the partnership, for the acquisition of the profit-sharing right—the partner’s profit-sharing percentage; or
- (c) if paragraph (a) or (b) does not apply—the greater of the following— (i) the percentage of the capital of the partnership the partner has contributed or is obliged to contribute; (ii) the percentage of the losses of the partnership the partner is required to bear.
- (i) the percentage of the capital of the partnership the partner has contributed or is obliged to contribute;
- (ii) the percentage of the losses of the partnership the partner is required to bear.
- (i) the percentage of the capital of the partnership the partner has contributed or is obliged to contribute;
- (ii) the percentage of the losses of the partnership the partner is required to bear.