Monday, 1 September 2008

UK: limited partnership reform - DBERR consultation paper published

In November 2003 a joint report (Law Com No 283; Scot Law Com No 192) concerning the reform of partnership law was published by the English and Scottish Law Commissions. Although the Government does not plan, at present, to implement the Commissions' recommendations with regard to general partnerships, changes to the law governing limited partnerships have been proposed by the Department for Business, Enterprise and Regulatory Reform in a consultation paper published last week. 

DBERR's aim is to remove doubts about the operation of limited partnerships and to produce a coherent body of law relating to them. The consultation paper contains recommendations falling within the following categories:
  • The establishment, registration and de-registration of a limited partnership.
  • The liability of limited partners to third parties.
  • The rights and obligations of general and limited partners in a limited partnership.
The consultation paper contains a draft of the The Legislative Reform (Limited Partnerships) Order 2009 and The Companies Act 2006 (Index of Company Names and Consequential Provisions relating to Limited Partnerships Act (1907) Order 2008.

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