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02 June 2011 / Sarah Rushton
Issue: 7468 / Categories: Features , Company , Commercial
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Limited partnerships?

The status of partners is a risky business, says Sarah Rushton

IN BRIEF

  • Partnerships and LLPs should not overlook the fact that equity partners have “employee” rights. They are protected by the Equality Act and can bring employment tribunal claims.

Prior to 2001, partnerships were governed by the terms of their deed and, in default, the terms of the Partnership Act 1890. However, since 2001 there has been an alternative structure for partners. Under the Limited Liability Partnerships Act 2000, two or more people wishing to carry on business together can do so as an LLP. The relationship between the members of an LLP is covered by the membership agreement.

There has been considerable legal debate around the issue of partnership and LLPs and whether or not different classes of partners or members are truly self employed partners or employees. To the outside world, a “partner” is simply someone who is held out as such, but the term partner can actually mean many different things: full equity, fixed share, salaried etc.

Where concerns

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MOVERS & SHAKERS

Signature Litigation—Catherine Naylor

Signature Litigation—Catherine Naylor

International fraud and asset recovery offering boosted by partner hire

Stevens & Bolton—Alexa Payet

Stevens & Bolton—Alexa Payet

Private wealth disputes team adds contentious probate specialist

Morgan Lewis—Paul Feldberg

Morgan Lewis—Paul Feldberg

Firm strengthens investigations and sanctions capabilities with London partner hire

NEWS
Cheshire West, which established an ‘acid test’ for deprivation of liberty safeguards, has been overturned by the Supreme Court
The Chancery Division and other segments of the High Court are to be replaced by a new Business and Property Division (BPD), in a major civil justice shakeup
Law firms that hold client money will need to file annual accountants’ reports and make a declaration, the Solicitors Regulation Authority (SRA) confirmed this week
Two district judges and a tribunal judge have been sanctioned for delays in delivering judgments and orders
Private equity (PE) investment into UK law firms halved to £250m last year, but deal volume rose, according to research by Acquira Professional Services’ Momentum private equity market tracker
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