General partnerships

A general partnership is the relation between persons carrying on a business in common with a view of profit. However, it is not a separate legal entity. It cannot give a floating charge (except that an agricultural floating charge can be granted by farming partnerships). For general details, see Practice Note: The nature of a general partnership and its legal framework.

Applicable legislation

Applicable legislation includes:

•
the Insolvent Partnerships Order 1994 SI 1994/2421 (IPO 1994)—which applies certain provisions of the Insolvency Act 1986 (IA 1986) and Insolvency (England and Wales) Rules 2016, SI 2016/1024 (IR 2016) to partnerships, subject to necessary modifications and prevails over the IR 2016 in the event of conflict
•
the Insolvent Partnerships (Amendment) Order 2005 SI 2005/1516 (IPAO 2005)—which applies administration to partnerships
•
the Insolvent Partnerships (Amendment) Order 2006 SI 2006/622 (IPAO 2006)—which applies administration to partnerships
•
the Partnership Act 1890 (PA 1890)
•
the Company Directors Disqualification Act 1986 (CDDA 1986), as modified—which applies to partnerships which are wound up as unregistered companies (see Practice Note: Partnerships and the disqualification regime)

The

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