Notify dissolution; compel partner to concur PA 1890 s. 37
PA 1890 s. 37 allows any partner to give public notice of dissolution or retirement and compel other partners to cooperate in signing or other necessary acts.
On the dissolution of a partnership or retirement of a partner any partner may publicly notify the same, and may require the other partner or partners to concur for that purpose in all necessary or proper acts, if any, which cannot be done without his or their concurrence.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
Under PA 1890 s. 37, a partner may give public notice that a partnership has been dissolved or that a partner has retired. The same partner can require the other partners to join in any necessary acts—such as signing a public announcement—that cannot be done without their consent.
The provision does not itself dissolve the partnership; it only concerns the public notification after dissolution or retirement has already occurred under sections like s. 32 (dissolution by expiration or notice) or s. 33 (dissolution by bankruptcy, death, or charge). The phrase 'necessary or proper acts' means steps that legally need the concurrence of all or some partners, for instance when a newspaper or official register demands all partners' signatures.
When it applies
- A partner wants to advertise the dissolution in a trade journal; the co-partner refuses to sign the advertisement.
- A retired partner asks the continuing partner to co-sign a notice to suppliers; the continuing partner ignores the request.
- A partner who triggered dissolution under s. 32 wishes to publish in the London Gazette; the other partner withholds consent.
What this section does not say
- That this section itself dissolves the partnership (dissolution must occur under s. 32-35).
- That a partner can force the others to agree to a dissolution they oppose (s. 37 only applies after dissolution or retirement has already happened).
- That the section requires all partners to join in any public announcement (in fact, one partner can notify alone, but may need concurrence for certain formal acts).
Related sections
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This page reproduces the text of PA 1890 s. 37 in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.