Ending a general partnership—dissolution by the court


Published by a ³ÉÈËÓ°Òô Corporate expert
Practice notes

Ending a general partnership—dissolution by the court


Published by a ³ÉÈËÓ°Òô Corporate expert

Practice notes
imgtext

This Practice Note examines how a partnership formed under the Partnership Act 1890 may be brought to an end by its dissolution, where that dissolution is by order of the court.

A partnership can be brought to end by its:

  1. •

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

  2. •

    insolvency (see: General partnerships and insolvency—overview)

Dissolution by the court

This Practice Note examines how a partnership formed under the Partnership Act 1890 (PA 1890) may be brought to an end by its dissolution by order of the court. For alternative ways of dissolving a partnership, see Practice Note: Ending a partnership—dissolution otherwise than by the court.

For further information, see:

Actions between partners: introduction: Atkins Court Forms Vol 29(1) [15]

Grounds for dissolution by the court

The dissolution of a partnership by order of the court is almost always a general dissolution as opposed to a technical dissolution (see Practice Note: Ending a partnership—what is dissolution?). However, instead of ordering the winding up of the partnership and the sale

Powered by Lexis+®
Jurisdiction(s):
United Kingdom
Related legal acts:
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.

Read more readmore

Popular documents

How might a member of an LLP transfer or assign their partnership interest to a new member?

How might a member of an LLP transfer or assign their partnership interest to a new member?Transfer of interest in LLP by deedA limited liability partnership (LLP) does not have directors, shareholders or partners, it has members. The members of an LLP are the persons who have subscribed their names

Deed of variation of partnership agreement

Deed of variation of partnership agreementThis deed of variation is made on [insert day and month] 20[insert year].Between each of the persons whose names are listed in the Schedule (each of them being a Partner and together the Partners).Recitals:(A)On [insert date] the Partners entered into the

Limited liability partnership agreement—law firm

Limited liability partnership agreement—law firmSTOP PRESS—Impact of the Retained EU Law (Revocation and Reform) Act 2023: This document contains references to retained EU law (REUL) and associated terms introduced by the European Union (Withdrawal) Act 2018 in connection with Brexit. From 1 January

In a two-person partnership, can one partner retire and a new partner be admitted simultaneously without

In a two-person partnership, can one partner retire and a new partner be admitted simultaneously without resulting in the partnership dissolving, and would it be sensible for the admission and retirement to be dealt with in two separate documents?If a partnership experiences a change in its