Partnership Illegal Transactions

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What are Illegal Transactions in a Partnership?

Illegal transactions in a partnership are not just those transactions that are prohibited by laws, such as the sale of illegal goods, drugs, or other contraband.  Instead, “illegal transactions” in a partnership can also refer to transactions that are conducted by a partner without the authorization of the other partners.

In any partnership, each partner has a certain amount of control and influence when it comes to decision making.  All the partners should be informed and should have some say when important decisions are to be made.  Thus, if one of the partners enters into a transaction on behalf of the partnership without their authorization, it is considered a violation of the partnership and thus considered to be illegal.

What are Some Examples of Illegal Transactions in a Partnership?

Transactions involving the following matters may be considered illegal under partnership laws, when done without the approval of the partnership:

Thus, any transaction where a partner exceeds their scope of authority with regards to the partnership may be considered illegal.  The partners are also prohibited from entering into transactions for personal gain, if it is to the determent of the partnership.

What are the Remedies for Illegal Transactions in a Partnership?

If a transaction has been illegally conducted in relation to a partnership, there may be several legal consequences, such as:

Thus, it is important for all partners to have a good understanding of their legal rights and duties to the partnership and to each partner.  This will help to avoid any disputes or illegal transactions as the business is conducted. 

In many cases, the remedies for illegal partnership transactions can be stated in a partnership agreement that is formed between the partners during the business formation stage.

Do I Need a Lawyer if I Have Issues with Illegal Transactions in a Partnership?

Illegal transactions in a partnership can have very serious consequences for both the individual partner and for the entire organization.  If you suspect that you have issues with illegal transactions, you may wish to contact a lawyer in your area.  A qualified business attorney can help you determine if any violations have occurred and how they might affect the partnership.  Your lawyer can also help defend your interests in court if a lawsuit arises.

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Last Modified: 03-13-2012 03:40 PM PDT

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