header-logo header-logo

04 December 2009 / Simon Young
Issue: 7396 / Categories: Features , Profession
printer mail-detail

What lies beneath

Salaried partners are likely to cause problems when converting to LLPs, says Simon Young

After nearly a decade of experience of the process of converting traditional partnerships to limited liability partnerships (LLPs), it has become apparent that there is one significant group of people who are likely to cause more problems than any other.

This is not because they wish to be awkward, or because the firm’s management are approaching things wrongly, but because the very nature of their position causes difficulties. They are salaried partners.

The concept of holding out

The root of the problem, which all concerned are often reluctant to admit, is that the concept of salaried partners is a lie! A lie sanctioned by regulations, recognised implicitly by statute, and endorsed by widespread usage over centuries, but nonetheless a lie.

Those people involved are held out to the world as something they are not, and the very point of this being done is to create a belief in third parties which the firm and the individuals know is not true,

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Clyde & Co—Suriya Ashok

Clyde & Co—Suriya Ashok

Clyde Co strengthens energy transition and construction offering with hire of Suriya Ashok

Jurit—Nicole Gallop Mildon

Jurit—Nicole Gallop Mildon

Jurit appoints rare dual-qualified lawyer to expand Anglo-French private wealth expertise

NEWS
The Supreme Court has settled a long-running dispute over part-time workers: unfavourable treatment need be a significant or effective cause, not the sole cause
Arbitration may be private, but its confidentiality is no impenetrable shield. Writing in NLJ this week, James Glaysher of Kingsley Napley examines when courts will permit arbitral material to surface in open litigation
The Financial Reporting Council’s revised Audit Enforcement Procedure will alter the balance of power in corporate investigations
A telecoms operator may be able to hold over under the Landlord and Tenant Act 1954, yet still be unable to secure a renewal: an outcome described as a legal ‘paradox’

Safety fears do not automatically justify shutting an interested person out of a statutory will application

back-to-top-scroll