Proceeding in partnership name
286 Proceeding in partnership name
Two or more partners may start a proceeding in the partnership name.
A proceeding against people claimed to be partners may be started against the claimed partnership in the partnership name.
The partnership name used in a partnership proceeding must be the name of the partnership when the cause of action arose.
For an incorporated limited partnership, the name of the partnership when the cause of action arose is the name in which the partnership was registered under the Partnership Act 1963, section 59 (Registration of incorporated limited partnership) when the cause of action arose.
Unless the court otherwise orders, a partnership proceeding must continue in the partnership name and not in the name of the individual partners.
Pt 6.2 (Applications in proceedings) applies to an application for an order otherwise ordering.
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