Partnership Law Act 2019

Relationship of partners to third persons and to each other - Relationship of partners to third persons

28: Continued use of firm name when partner dies

You could also call this:

"Business can keep its old name after a partner dies without involving their estate in new debts"

When a partner in a business dies, the business might keep using the same name it had before. This section of the law talks about what happens in that situation.

If the business keeps using its old name, which might include the name of the partner who died, it doesn't automatically mean that the partner's estate (the money and property they left behind) has to pay for any new debts the business makes after they died.

This is important because it protects the family and other people who might inherit things from the partner who died. They don't have to worry about new business debts just because the business is still using the same name.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS206021.


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Part 3Relationship of partners to third persons and to each other
Relationship of partners to third persons

28Continued use of firm name when partner dies

  1. This section applies if, after the death of a partner (A), the partnership business is continued in the old firm name.

  2. The continued use of the old firm name, or of A’s name as part of that firm name, does not by itself make A’s estate liable for any partnership debts that are contracted after A’s death.

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