Which of the following is CORRECT?

A, B and C carry on business in a general partnership. A has proved an unsatisfactory partner in that he is continually absent from work for no justifiable reason. B and C wish to expel A from the partnership.

Which of the following is CORRECT?

A. As they constitute the majority B and C may vote to expel A.

B. A can only be expelled if the partnership agreement of A, B and C contains an express expulsion clause.

C. B and C may vote to expel A as the Partnership Act 1890 contains an express provision enabling the majority to expel a partner.

D. It is always unlawful to expel a partner. If B and C wish to carry on business without A the business will have to be dissolved and re-commenced by B and C.

View Answer

Answer: B