Partnership Act 1890

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The Partnership Act 1890
Long title An Act to declare and amend the Law of Partnership
Chapter 1890 c39 43 and 54 Vict
Territorial extent England and Wales; Scotland; Northern Ireland
Dates
Royal Assent 14 August 1890
Commencement 1 January 1891
Status: Current legislation
Text of statute as originally enacted
Revised text of statute as amended

The Partnership Act 1890 (c. 39) is an Act of the Parliament of the United Kingdom which governs the rights and duties of people or corporate entities conducting business in partnership. A partnership is defined in the act as 'the relation which subsists between persons carrying on a business in common with a view of profit.'[1]

Main provisions[edit]

A partnership can arise through conduct, oral agreement, or a written contract known as a partnership agreement. The minimum membership is two and the maximum is unlimited since 2002. The provisions of the Partnership Act 1890 apply unless expressly or impliedly excluded by agreement of the partners. Each partner is entitled to participate in management, get an equal share of profit, an indemnity in respect of liabilities assumed in the course of business and the right to not be expelled by other partners. A partnership ends on the death of a partner, unless an agreement is made prior to the deaths.

Complexities[edit]

Liability of partners[edit]

In England partners are jointly liable for the debts and obligations of the firm whilst he is a partner.[2] Where a partner has died, his estate also becomes severally liable.[3] In Scotland partners are both jointly and severally liable.[4] Where there has been a wrongful act or omission,[5] or a misapplication of money or property in receipt,[6] every partner is jointly and severally liable.[7]

See also[edit]

Notes[edit]

  1. ^ Partnership Act 1890 s 1
  2. ^ Partnership Act 1890 s 9
  3. ^ Partnership Act 1890 s 9
  4. ^ Partnership Act 1890 s 9
  5. ^ Partnership Act 1890 s 10
  6. ^ Partnership Act 1890 s 11
  7. ^ Partnership Act 1890 s 12

External links[edit]