Companies Act (Cap. 386)

Companies Act (Cap. 386), article 30

Official PDF on legislation.mt

30. (1) A partner shall not, in competition with the partnership and without the express consent of the other partners, carry on business on his own acc ount or on account of o thers or be a par tner with unlimited liability in another partnership. (2) If a partner acts in contravention of the provisions of sub- article (1), the partnership may, at its option, either take ac tion for damages and interest against the offending partner or demand payment of any profit made by him in violation of the aforesaid prohibition. COMP ANIES [CAP. 386. 25 Death of a partner.31. (1) Saving any provision to the contrary in the deed of partnership, in the event of death of one of the partners the surviving partners shall liquida te the deceased partner’s inter est in the partnership in favour of his heirs, unless the surviving pa rtners unanimously elect either to disso lve the partnership or to cont inue the partnership with the heirs, if, in the latter case, such he irs accept: Provided that where not all the heirs are in agreement, the partnership may continue with those who so elect as long as the dissenting heirs’ interest in the partnership is liquidated in their favour. (2) Where the deceased partner has bequeathed his interest by legacy, the provisions of sub-article (1) shall apply as though references to heirs were referen ces to the legatees of such int erest. Expulsion of a partner. Amended by: L.N. 181 of 2006; L.N. 186 of 2006.

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Text read from the consolidated PDF published by Legislation Malta. Tables, figures and marginal notes may be incomplete or out of place: the official PDF is authoritative. General information, not legal, tax or accounting advice.