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Partnerships and floating charges.

Forums › ACCA Forums › ACCA LW Corporate and Business Law Forums › Partnerships and floating charges.

  • This topic has 3 replies, 2 voices, and was last updated 4 years ago by mrjonbain.
Viewing 4 posts - 1 through 4 (of 4 total)
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  • December 27, 2020 at 11:01 pm #601012
    eoinconnolly1
    Member
    • Topics: 2
    • Replies: 4
    • ☆

    Why are ordinary partnerships unable to issue floating charges?
    I have an idea why, I know LLP’s can, I just don’t know exactly why.
    Please help, thanks.

    Eoin.

    December 28, 2020 at 4:39 am #601019
    mrjonbain
    Moderator
    • Topics: 6
    • Replies: 2426
    • ☆☆☆☆☆

    I think this has to do with the issue of lack of separate legal personality of ordinary partnerships. In effect the holder of floating charge would be in a preferential position over other unsecured creditors and this could lead to abuse or unfairness to other creditors. Hope this helps.

    December 29, 2020 at 4:50 pm #601148
    eoinconnolly1
    Member
    • Topics: 2
    • Replies: 4
    • ☆

    Yep, this is what I thought it was something like that alright.
    Thanks mrjonbain.

    December 30, 2020 at 12:59 pm #601179
    mrjonbain
    Moderator
    • Topics: 6
    • Replies: 2426
    • ☆☆☆☆☆

    You are welcome.

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