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LIABILITY OF PARTNERS
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LIABILITY OF PARTNERS
S9PA1890
- All partners are liable jointly and severally for the debts of the partnership
- Liability for debts incurred whilst a partner continues after retirement or death
- All partners are liable jointly and severally for the debts of the partnership
S10PA1890
- All partners are jointly and severally liable for wrongful acts of any partner acting in the ordinary course of business
S11PA1890
- Misapplication of money or property received for or in custody of the firm
S13PA1890
- Improper employment of trust property for partnership purposes
S14PA1890
- Holding out
- Making a representation that they are a partner when they are not
- Representation may be made by 'partner' or firm
- If the 'partner doesn't know he is being represented as a partner then he is not liable
- Representation may be made by 'partner' or firm
- Retiring partners must give notice of retirement s36
- advertisement in London Gazette gives general notice s36(2)
- Direct notice must be given to existing clients s36(1)
- Making a representation that they are a partner when they are not
- Holding out
Partners current or retired cannot exclude liability
- Retiring partner may enter into a Novation Agreement
- A Novation Agreement is between
- Creditor
- Partners existing at time of contract
- Newly constituted partnership
- A Novation Agreement is between
- Retiring partner may enter into an indemnity agreement with the newly constituted partnership in respect of any outstanding debts
- Retiring partner may enter into a Novation Agreement
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- Masters Degree Business Law and Practice Mind Map on LIABILITY OF PARTNERS, created by andrealaity on 08/10/2013.
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- andrealaity
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