Ending a general partnership—dissolution otherwise than by the court
Ending a general partnership—dissolution otherwise than by the court

The following Corporate guidance note provides comprehensive and up to date legal information covering:

  • Ending a general partnership—dissolution otherwise than by the court
  • Ways that a partnership may be dissolved otherwise than by the court
  • Dissolution by notice
  • Dissolution by expiry of term
  • Dissolution by completion of purpose
  • Dissolution by the death or bankruptcy of a partner
  • Dissolution as a result of a charging order
  • Dissolution by illegality
  • Dissolution as a result of an agreement between the partners
  • Dissolution by cessation of the business
  • more

This Practice Note discusses partnerships (as defined) formed under the Partnership Act 1890 (PA 1890) governed by English law as distinct from limited partnerships, limited liability partnerships and partnerships formed under the PA 1890 and governed by Scottish law.

A partnership can be brought to its end by:

  1. dissolution (see Practice Note: Ending a partnership—what is dissolution?), or

  2. insolvency

This practice note examines how a partnership may be brought to an end by its dissolution, where that dissolution is not ordered by the court.

In relation to the dissolution of a partnership by order of the court, see Practice Note: Ending a partnership—dissolution by the court.

Ways that a partnership may be dissolved otherwise than by the court

The dissolution of a partnership in any of these ways is almost always a general dissolution, as opposed to a technical dissolution (see Practice Note: Ending a partnership—what is dissolution?). However, instead of the general dissolution of a partnership, the court may order any partner to sell his part of the business of the partnership to any of the other partners which might enable the partnership to continue in business and effectively amount to a technical dissolution.

Dissolution by notice

There are two different statutory provisions dealing with the dissolution of a partnership by way of notice given by a partner to the other