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Partnership issues in Business

Partnership issues in business. – If the business is then not an incorporated company and operated by a group of individuals, therefore known as a “Partnership”. A Partnership differs from a Limited Company. Therefore, insolvency liability is then treated differently when it comes to financial difficulties:

  • Partners remain jointly liable; therefore, not protected from bankruptcy.
  • A court may wind a partnership up.
  • Individual partners may then enter an individual voluntary arrangement”.
  • A procedure comparable to a “company voluntary arrangement CVA” implemented.

Partnerships may be insolvent for two reasons:

  • When not able to pay its debts as and when due;
  • When assets were sold, they were then not sufficient to pay liabilities when converted into cash.

A partnership remains not insolvent entirely based on one of its members being individually insolvent, provided it can pay its debts as they fall due, or if its assets are more significant than its liabilities.

Partners remain personally liable for debts of a partnership. Therefore, the partnership can be wound up. Bankruptcy orders may also be served individually against members of the partnership.

Partnership Issues in Business. – By the nature of a partnership, a creditor may then pursue partners individually, also the partnership itself, for partnership debt.

When a creditor begins a petition for insolvency, they can then position for either:

  • Winding-up the insolvent partnership, with no action against individual partners; or
  • Winding-up of the insolvent partnership with bankruptcy petitions, then served upon one or more partners.

Furthermore, a creditor can then chase the partners for debt, by petitioning the bankruptcy of one or more partners without petitioning the partnership.

The outstanding debt remains with the partner, who therefore has the bankruptcy petition.

Partnership issues in Business. – Any member of the partnership may then petition for the insolvent partnership, and also take action against insolvent partners separately.

Creditors may only apply then against the partnership for a winding-up if the partnership traded in England or Wales in the last three years before presenting the petition.

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