A_TYPOLOGY_OF_PARTNERSHIP_IN_KENYA.pdf - A TYPOLOGY OF...

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A TYPOLOGY OF PARTNERSHIP IN KENYA Harrison Mbori LBA II, THIRD YEAR, NOV-MARCH SEMESTER WEEK IV 20I7/2018 ©
Introduction House keeping Assignment (CAT) Recapping previous class Death Penalty Debate Reports from the field
Introduction Why a typology of partnerships? Why not just have one form of partnerships? Why choose one form over another?
Types of Partnerships How many types are there in Kenya? How many in the Partnership Act No. 16 of 2012? What about the Partnership Act Cap 29? What about the Limited Partnership Act Cap 30? What about the Limited Liability Act NO. 42 of 2011?
Types of Partnerships Three different Types of Partnerships in Kenya: General Partnerships or Ordinary Partnerships Limited Partnerships Limited Liability Partnerships
Where in the law? General Partnerships: Cap 29 and No. 16 of 2012 Limited Partnerships: Formerly in Cap 30, now in No. 16 of 2012 Limited Liability Partnerships: LLP Act No. 42 of 2011 NB: Cap 30 is repealed under sec 37 of the LLP Act No. 42 of 2011 Is there a gap in the case that No. 16 of 2012 has not commenced?
General Partnerships This form of partnership is provided for under Part II of the Partnerships Act, No. 16 of 2012. One key distinguishing characteristic of a general partnership is that all the partners must have unlimited liability pursuant to Section 4.
General Partnerships: Notable Aspects Each partner shall have unlimited liability. Partnership capable of suing and being sued in its own name, contracting and holding property in its name. Subject to a partnership agreement, the partnership shall be capable of providing for continuity of partnership business despite a change of partners. A change in the nature of partnership business shall require consent of all partners. Each partner is entitled to participate part in the management of the business of the partnership.
General Partnerships: Notable Aspects Differences arising out of an ordinary matter connected with the business of the partnership shall be decided by the vote of a majority of the partners. Differences arising out of other matters connected with the business of the partnership shall be decided by the unanimous decision of all the partners. A partnership is bound by an act done by a partner who is carrying on the business of the partnership. Save where the Partner has no authority and the third party has notice of the said lack of authority.

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