| Commentary

85 Expulsion

| Commentary

85 Expulsion

It is very important to appreciate that no partner may be expelled from the partnership by the other partners unless they have expressly been given the power to do so by some agreement between the partners1. It is therefore absolutely vital for the partnership agreement to include a provision giving a majority of the partners this right in certain prescribed circumstances.

Given the drastic effects of a clause like this, the agreement should set out clearly the events which trigger the right of the majority to expel a partner. Common grounds for expulsion include:

  1. 85.1

        the partner’s bankruptcy;

  2. 85.2

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