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Preface

Document Cited authorities 2 Cited in Related
Vincent
AuthorElspeth Berry
Pages11-11

Preface

Although there are three types of partnership under English law, there is a significant divide between general and limited partnerships on the one hand, and limited liability partnerships (LLPs) on the other. Firstly, the longevity of the Partnership Act 1890 and the Limited Partnerships Act 1907 attests to the quality of the drafting and the strength of the underlying law. In particular, it compares favourably with the Limited Liability Partnerships Act 2000 and the Regulations adopted to supplement it, which have been amended and supplemented by numerous further Regulations to a significant degree. Secondly, while general and limited partnerships may be regarded as true partnerships, LLPs are, despite their name, corporate entities governed by a hybrid of partnership and company law.

A further divide may be seen in the commentaries dealing with the applicable law. At least one of the texts dealing with general and limited partnership law originated even before the now venerable Partnership Act, and while all the major texts on this area acknowledge the introduction of LLPs, their focus remains on...

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