Article 91 - Minority member protection: unfair prejudice
Partner of a Partnership may apply to the Tribunal on the ground that the
Partnership's affairs are being or have been conducted in a manner which is
unfairly prejudicial to the interests of some of the Partners (including at least
himself) or that any actual or proposed act or omission by the Partnership
(including an act or omission on its behalf) is or would be so prejudicial.
(2) Pursuant to such application, the
Tribunal may make an order to:
(A) require the
Partnership to refrain from doing or continuing an act
complained of by the applicant or to do an act which the applicant has
complained it has omitted to do;
(B) provide for the transfer of the
Partner's interest in the Partnership;
(C) authorise proceedings to be brought in the
Name and on behalf of the
Partnership by such person or persons and on such terms as the
Tribunal may direct;
(D) regulate the conduct of the
Partnership's affairs in the future; or
(E) or make such other order as the
Tribunal thinks fit.
(3) If an order under this Article 91 requires the
Partnership or its Partners not to
make any, or any specified, alterations to the Partnership Agreement, the
Partnership or its Partners shall not then without leave of the Tribunal make
any such alteration.
(4) An alteration in the
Partnership Agreement made by virtue of an order under
this Article 91 is of the same effect as if duly made by the Partners of the
Partnership, and the provisions of these Regulations apply to the Partnership Agreement as so altered accordingly.
(5) Nothing in this Article 91 affects the powers that any person or the
may have apart from this Article 91.