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Preliminary Sections

Document Cited authorities 4 Cited in Related
Vincent
AuthorElspeth Berry
Pages1-10
Partnership and
LLP Law 2nd edition Partnership and
LLP Law 2nd edition Elspeth Berry

Wildy, Simmonds & Hill Publishing

© Elspeth Berry, 2018

ISBN: 9780854902415

British Library Cataloguing in Publication Data

A catalogue record for this book is available from the British Library

The right of Elspeth Berry to be identified as the author of this Work has been asserted by her in accordance with sections 77 and 78 of the Copyright, Designs and Patents Act 1988.

All rights reserved. No part of this book may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without the consent of the copyright owners, application for which should be addressed to the publisher. Such a written permission must also be obtained before any part of this publication is stored in a retrieval system of any nature.

All reasonable care was taken in the preparation of this book, but any person relying on any of the statements, express or implied, in this book does so entirely at his or her own risk and without liability on the part of either the author or the publisher.

First edition 2010

This edition published in 2018 by

Wildy, Simmonds & Hill Publishing

Wildy & Sons Ltd
Lincoln’s Inn Archway
Carey Street
London WC2A 2JD
www.wildy.com

Typeset by Heather Jones, North Petherton, Somerset.

Printed in Great Britain by Ashford Colour Press Ltd, Gosport, Hampshire.

Contents

Preface xi Table of Cases xiii Table of Statutes xxv Table of Statututory Instruments xxxi Table of EU Material xxxvii Table of Non-statutory Material xxxix Table of Abbreviations xli

1 Introduction 1

1.1 Structure of this book 1
1.2 General partnerships 1
1.3 Limited partnerships 2
1.4 LLPs 3
1.5 Comparative summary of features 3
1.5.1 Formation 3
1.5.2 Separate legal personality 4
1.5.3 Property 4
1.5.4 Duties 4
1.5.5 Management 5
1.5.6 Agency 5
1.5.7 Liability to third parties 5
1.5.8 Finance 6
1.5.9 Disclosure 6
1.5.10 Taxation 6
1.5.11 Resolving internal disputes 7
1.5.12 Litigation 7
1.5.13 Termination of the business 7

1.5.14 Insolvency 7
1.6 Companies 8
1.7 Joint ventures 8
1.8 Unincorporated associations 8
1.9 Summary 9

2 Formation and Expansion 11

2.1 General partnerships 11
2.1.1 The definition in s 1 of the Partnership Act 11

vi Partnership and LLP Law
2.1.2 Who is a partner? 18
2.1.3 Commencement date 21
2.1.4 Name 21
2.1.5 The agreement 23
2.1.6 Amending the agreement 24
2.1.7...

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