If you have a general partnership under the 1890 Partnership Act and you do not have a partnership agreement or partnership deed, you cannot expel a partner. This is one reason why all partnerships should have a partnership deed or agreement. If you do not have a partnership agreement to the contrary, you will need to dissolve the partnership and reform. Ralli Partnership Law can help you around the complexities of this. There is no doubt that dissolving partnership is difficult but Ralli Partnership Law has been set up to help you through.
Limited Partnerships and Limited Liability Partnership (LLPs) are similar and Ralli recommends 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.
At Ralli Partnership Law we have extensive experience of removing partners by expulsion, dissolution and primarily negotiation. Please contact us for a free consultation.