Companies Act (Cap. 386)

Companies Act (Cap. 386), article 32

Official PDF on legislation.mt

32. (1) A partner may be expelled from the partnership by a decision of the majority in numbe r of the other partners unless a higher majority is required by the partnership deed - (a) if he does not make his contribution in accordance with the partnership deed; (b) if he commits a serious b reach of duty as a partner; (c) if he contravenes the provisions of article 30(1); (d) if he is interdicted or incapacitated; (e) in such other cases for which provision is made in the deed of partnership. (2) Any decision taken as aforesai d shall be notified, together with the reasons therefor, by judicial act served on the expell ed partner, and shall not take effect until the lapse of fourteen days from such notification. (3) The expelled partner may, by sworn application filed within fourteen days from the notification as aforesaid, object to the decision and the court shall have power to stay the execution o f the said decision pending its judgment. (4) Where the partnership consists of two partners only, the expulsion of a partner may only be ordered by the court at the suit of the other partner. Discontinuation of membership.

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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.