Q&As

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 LexisPSL on 03/11/2020

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

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

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

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.

For information on the liabilities of individual partners of a partnership in the event of insolvency, see Practice Note: Position of partnership members on insolvency.

Section 9 of the Partnership Act 1890 provides that every partner is jointly liability for debts and obligations of the

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