43. Limited Partnerships: legal proceedings and service of Documents

(1) Legal proceedings by or against a Limited Partnership must be instituted by or against the partnership or any 1 or more of the General Partners in their capacity as General Partners only and no Limited Partner must be a party to or named in the proceedings.

(2) However, a General Partner of a Limited Partnership or, with the leave of the Court, any other Person has the right to join or otherwise institute a legal proceeding against 1 or more of the Limited Partners who may be liable under section 36(2) (Limited Partnerships: liability of Limited Partners to Creditors).

(3) Also, a Limited Partner of a Limited Partnership may institute a legal proceeding on behalf of the partnership if any 1 or more of the General Partners with authority to institute the proceeding have, without good cause, refused to institute the proceeding.

(4) For these Regulations and the Rules, a Document may be served on a General Partner of a Limited Partnership in relation to the partnership by:

• (a) delivering it to the General Partner; or
• (b) sending it by post or delivering it to the partnership’s registered office.

44. Limited Partnerships: enforcement of judgements against partnership property

(1) Judgement must not be enforced against any property of a Limited Partnership unless the judgement was given against the partnership or a General Partner in the partner’s capacity as a General Partner of the partnership.

(2) Creditors of a General Partner or Limited Partner of a Limited Partnership, in that partner’s capacity otherwise than as a Partner of the partnership, have no claim against the property of the partnership.

(3) However, subsection (1) does not prevent the enforcement of an order of the Court relating to property of a Limited Partnership if, because of any of the events mentioned in section 40(1) (Limited Partnerships: dissolution on death etc. of sole General Partner), a judgement could not be given against a General Partner in the partner’s capacity as a General Partner of the partnership.