NTIn ForceAct
Partnership Act 1997
24Partnership property
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24 Partnership property
(1) The partnership property of a firm consists of property and any
rights and interests in property that were originally brought into, or
are subsequently acquired for, the firm.
(2) The partners of a firm other than an incorporated limited partnership
must, in accordance with the partnership agreement, hold and
apply the partnership property exclusively for the firm.
(3) However, any partnership property of the firm that is an interest in
land must devolve:
(a) according to its nature and tenure and the general rule of law;
and
(b) in trust so far as necessary for persons beneficially interested
in the land.
(4) If:
(a) the co-owners of an interest in land (the first interest) are
partners in the firm in relation to profits made by the use of the
first interest; and
(b) the first interest is not partnership property for the firm; and
(c) the co-owners use the profits to purchase another interest in
land (the second interest) to be used in a similar manner,
then, subject to any agreement to the contrary, the co-owners must,
from the date of the purchase, hold the second interest in the same
manner as the first property is held.
(5) An incorporated limited partnership must hold and apply the
partnership property of the partnership exclusively for the
partnership.
Part 2 Partnerships generally
Division 3 Relationship between partners
Partnership Act 1997 14
(6) A partner in the partnership does not have any legal or beneficial
interest in the property only because the partner is the partner.
(7) For this section, an interest in land includes an estate in land.