Q&As

How can a partner be removed from a general partnership?

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Published on LexisPSL on 24/04/2019

The following Corporate Q&A provides comprehensive and up to date legal information covering:

  • How can a partner be removed from a general partnership?

How can a partner be removed from a general partnership?

Section 25 of the Partnership Act 1890 provides that no majority of the partners in a general partnership can expel a partner unless such power has been conferred by express agreement of the partners. It will therefore be necessary to review the terms of the partnership agreement for any provisions relating to the compulsory retirement or expulsion of a partner and/or the implications of breaching the agreement.

Precedent: Partnership agreement includes the power to require a partner to retire (clause 15.4) and to expel a partner on various grounds (clause 16.1), including a serious or persistent breaches of the agreement. If the

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