research

The Partnership Bill 2003: unnecessary tinkering or much-needed reform?

Abstract

Purpose - To examine the nature and merits of the proposed changes to partnership law contained in the draft Partnership Bill published in the Law Commission's Partnership Law Report (2003). Design/methodology/approach - Sets out how the proposed Bill differs from the current law of partnership (contained in the Partnership Act 1890 and the Limited Partnerships Act 1907), looking at the definition of 'partnership', the introduction of separate legal personality, the provisions governing partners' duties, partnership finances, liability, the departure of partners, termination of the partnership and limited partnerships, and the introduction of new 'special limited partnerships' (which have no separate legal personality). Findings - Concludes that although there are weaknesses in the proposed Bill, with a few minor amendments 'it could provide the statutory basis for partnership law for at least another century'. Originality/value - Offers an overview of the changes that will be made to partnership law if the draft Partnership Bill is adopted in its current form

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