The Partnerships Act, 2012 is a significant piece of legislation governing partnerships in Kenya. Let’s explore an overview of its key provisions.
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Short Title and Commencement
- The Act is officially titled the Partnerships Act, 2012.
- It came into effect on 15th June 2012.
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General Principles
- The Act provides guidelines for the formation, operation, and management of partnerships.
- It covers both general partnerships and limited partnerships.
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Limited Liability Partnerships (LLPs)
- The Act recognizes LLPs, which combine features of partnerships and companies.
- LLPs offer limited liability to partners while maintaining flexibility.
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Limited Partnerships
- The Act also addresses limited partnerships, where some partners have limited liability.
- Limited partners contribute capital but are not actively involved in management.
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Registration and Compliance
- Partnerships must register with the relevant authorities.
- The Act outlines requirements for partnership agreements, disclosure, and good faith.
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Liability and Management
- Partners are liable for partnership debts.
- The Act specifies rules for sharing profits, management, and accounting.
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Breakup and Dissolution
- Provisions cover the breakup of partnerships and winding up.
- Court powers include removing partners and appointing liquidators.
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Limited Liability Partnerships (LLPs)
- The Act defines LLPs and their characteristics.
- It outlines the role of limited partners and restrictions on their liability.