Q&As

How can a partner be removed from a general partnership?

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Published by a ½Û×ÓÊÓƵ Corporate expert
Published on: 24 April 2019
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Section 25 of the Partnership Act 1890 provides that no majority of the partners in a General partnership can expel a partner unless such power has been conferred by express agreement of the partners. It will therefore be necessary to review the terms of the Partnership agreement for any provisions relating to the compulsory retirement or expulsion of a partner and/or the implications of breaching the agreement.

Precedent: Partnership agreement includes the power to require

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Jurisdiction(s):
United Kingdom
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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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