s 17
In forceImproper use of trust property for partnership other than incorporated limited partnership
Part 3Relations of partners to persons dealing with them
17 Improper use of trust property for partnership other than incorporated limited partnership
(1)
If a partner in a firm other than an incorporated limited partnership who is a trustee improperly uses trust property in the firm’s business, or for the firm, another partner in the firm is not liable for the trust property to the people beneficially interested in the property.
(2)
Subsection (1) does not—
(a)
affect any liability incurred by a partner because the partner knew about a breach of trust; and
(b)
prevent trust money from being followed and recovered from the firm if still in the possession, or under the control, of the firm.
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