Part 4Financial reporting, dissolution of partnership, and other miscellaneous provisions
End of partnership: How partnership may end
68Partnership that continues after end of fixed term
This section applies if a partnership that was entered into for a fixed term is continued—
- after the term has ended; and
- without any new express agreement.
The rights and duties of the partners remain the same as they were at the end of the fixed term (to the extent that those rights and duties are consistent with the features of a partnership at will).
A partnership is presumed to be continued if the business is continued—
- by the partners or by those partners who habitually acted in the business during the fixed term; and
- without any settlement or liquidation of the partnership’s affairs.
Compare
- 1908 No 139 s 30