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Partnership Law Act 2019

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

35: Partners’ rights and duties may be varied by consent

You could also call this:

“Partners can change their rights and duties if everyone agrees”

When you are part of a partnership, you and your partners have certain rights and duties towards each other. These rights and duties can be changed if all of you agree. This applies whether your rights and duties come from an agreement you made or from what the law says.

You don’t always have to write down or say out loud that you agree to change these rights and duties. Sometimes, if you and your partners start doing things differently, it can mean that you’ve all agreed to the change.

Remember, for any changes to be valid, all partners must agree. You can’t change the rights and duties if even one partner doesn’t want to.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS206031.

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

35Partners’ rights and duties may be varied by consent

  1. The mutual rights and duties of partners may be varied by the consent of all the partners.

  2. Subsection (1) applies whether the mutual rights and duties result from an agreement or are defined by this Act.

  3. The consent may either be express or be inferred from a course of dealing.

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