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31 July 2009 / Mark Sharpley
Issue: 7380 / Categories: Features , Profession
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LLPs: dispelling the myths

Mark Sharpley debunks some untruths about limited liability partnerships

Mark Sharpley debunks some untruths about limited liability partnerships
LLPs are a way of organising a business and, in particular, legal practices. While the solicitors practice, “the business”, under LLP status is legally a body corporate, the partners limit their personal liability and avoid putting their personal assets at risk. This is not something that a member of a normal partnership can do. In addition they are no longer responsible for the acts of the other partners. The principal difference is that an LLP has the organisational flexibility of a partnership and is taxed as a partnership. In other respects it is very similar to a company.

Ownership

Two or more individuals or companies may form an LLP to carry on a profit-seeking business with a view to profit. LLPs are not available for activities such as non-profit-making activities.

Apart from allowing partners to limit their liability, probably the most significant difference between an LLP and a normal partnership is that an LLP can

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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