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Where a general partnership enters into a voluntary arrangement, can the partners be pursued personally for the partnership debts?

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Published on: 03 November 2020
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Part II of the Insolvent Partnership Order 1994 (IPO 1994), SI 1994/2421 as amended by the Insolvent Partnership (Amendment) (No 2) Order 2002, SI 2002/2708 applies the provisions of Part I of the Insolvency Act 1986 on company Voluntary arrangements to insolvent partnerships by means of a PV. For information on voluntary arrangements in the context of general partnerships, see Practice Note: Voluntary arrangement of general partnerships.

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Jurisdiction(s):
United Kingdom
Key definition:
General partnership definition
What does General partnership mean?

Often referred to as a partnership. A partnership under the Partnership Act 1890, namely the relationship that subsists between persons (which includes individuals or corporate entities) carrying on a business (which includes every trade, occupation and profession) in common with a view of profit. The Partnership Act does not provide a complete code of partnership law and expressly preserves the rules of equity and common law applicable to partnerships. As a partnership is not a separate legal entity from its partners it cannot acquire rights, incur obligations or hold property in its own right. It is therefore important to distinguish between partnership property and property that personally belongs to an individual partner.

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