Rights of assignee of share in partnership
35 Rights of assignee of share in partnership
An assignment by a partner of his or her share in the partnership, either absolute or by way of mortgage or redeemable charge, does not, as against the other partners, entitle the assignee, while the partnership continues:
to interfere in the management or administration of the partnership business or affairs;
to require any accounts of the partnership transactions; or
to inspect the partnership books.
An assignee:
is entitled to receive the share of profits to which the assigning partner would otherwise be entitled; and
must accept the account of profits agreed to by the partners.
In the case of a dissolution of a partnership, whether as respects all the partners or an assigning partner, the assignee is entitled:
to receive the share of the partnership assets to which the assigning partner is entitled as between the partner and the other partners; and
for the purpose of ascertaining that share, to an account as from the date of the dissolution.
This section does not apply to an incorporated limited partnership.
Division 4 Dissolution of partnership
This Act’s bill:Second reading speech
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.