Partnership (Prosecution) (Scotland) Act 2013

This Act came into force at the end of April 2013 to address a loophole which prevented a partnership from being found guilty of a criminal offence because it had been dissolved.  The legislation states that the dissolution of a partnership will no longer bar prosecution provided proceedings are brought within five years of the dissolution.  Changes in membership shall also not prevent a partnership from being prosecuted.  As regards incoming partners, they should complete comprehensive due diligence to ensure they are aware of the extent of the liabilities of the partnership.

For more information please contact Kirstin McPherson or call on 01224 632 464.