Capital

Is member liability in Limited Liability Partnerships really limited?

Is member liability in Limited Liability Partnerships really limited?

There are many circumstances in which an LLP member can end up with personal liability for either individual liabilities of the LLP or a share of the LLP’s losses over a particular period. This article examines just a couple of related examples as to how LLP members can end up bearing very substantial LLP losses….

Tiffen - who is and is not a partner
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Tiffin brings more certainty as to who is and who is not a partner

“… In these difficult times, in which many professional practices are facing potential or actual insolvency, it is important for “partners” to know what liabilities they face …” Last week’s Court of Appeal judgment in the case of Tiffin v Lester Aldridge LLP [2012] EWCA Civ 35 has brought more certainty to the frequently arising…

Capital retention woes

Capital retention woes

“… Possession being nine-tenths of the law, a partner/member in this position may have to sue to recover his capital …” A worrying trend has been emerging.  It has become much more common for partners and LLP members leaving professional practices to have difficulty extracting their capital. Typically professional practice governing agreements provide for capital…