Removing a Partner
Getting rid of rogue partners is difficult without a partnership agreement.
If you have a general partnership under the Partnership Act 1890 and no partnership agreement, you cannot expel a problem partner. This is one reason why all partnerships should have a partnership deed or agreement.
If you do not have a partnership agreement, you will need to dissolve the partnership and reform, which can have negative tax implications. Our Partnership Law team can help you around the complexities of this. There is no doubt that dissolving a partnership is difficult but our Partnership Law team can assist you.
Limited Partnerships and LLPs
Limited Partnerships and Limited Liability Partnership (LLPs) are similar. We recommend that partnership agreements should be in place to regulate the conduct of the partners or members. Under the Limited Liability Partnership Act 2000 it is impossible to expel members without an express agreement. In this case it would be necessary to go to court to get an order.
We have extensive experience of the dissolution of partnerships and the expulsion of partners under partnership agreements. Even with a partnership agreement it is not always easy to expel a partner, but with careful negotiation it is usually possible to reach an amicable agreement. Where it is not we have experience of litigating partnership disputes.
Partnership Law Department
At Ralli we have extensive experience of removing partners by expulsion, dissolution and primarily negotiation. Please contact us for an initial consultation on 0161 832 6131 or alternatively you can fill out one of our online enquiry forms at the foot of the page.
We also have a dedicated Partnership Law website where you can find more detailed information: