This seminar will focus on a partnership in Scotland under the Partnership Act 1890. It is designed to be a more practical seminar drawing on real life scenarios which a practitioner may come across.
Some of the topics which will be covered include:
1. When there is a partnership.
2. The different types of partnerships under the 1890 Act.
3. Liabilities of a partner in a partnership.
4. A partnership entering into a contract.
5. The complex issue of the separate legal personality of a Scottish partnership.
6. Fiduciary duties of a partner.
7. Recent caselaw such as Scottish Pension Fund Trustees Ltd v Marshall Ross & Munro (which affirms the transmission presumption) and Morrison v Aberdein Considine & Co (on partners status as employee).
Stephen Chan is a partner in the Corporate team of Harper Macleod LLP and the author of "A Practical Guide to Partnership Law in Scotland".
He has been heavily involved in advising on partnerships under the 1890 Act, putting in place partnership agreements, advising on partnership disputes and dissolution of partnerships. He has also been advising numerous firms in their conversion from a partnership to an LLP.
Stephen is also a keen writer on Partnership law related matters and as well as his book, has contributed to the APP newsletter on Limited Partnerships and made four submissions on proposed changes to the law on partnerships (one to the Treasury and three to DBEIS.)
Originally recorded on 28.2.19
28.2.19 A Practical Guide to Partnership Law in Scotland
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