Companies Act 1985

716 Prohibition of partnerships with more than 20 members. E+W+S

(1) No company, association or partnership consisting of more than 20 persons shall be formed for the purpose of carrying on any business that has for its object the acquisition of gain by the company, association or partnership, or by its individual members, unless it is registered as a company under this Act, or is formed in pursuance of some other Act of Parliament, or of letters patent.

(2) However, this does not prohibit the formation—

(a) for the purpose of carrying on practice as solicitors, of a partnership consisting of persons each of whom is a solicitor;

(b) for the purpose of carrying on practice as accountants, of [F1 a partnership which is eligible for appointment as a company auditor under section 25 of the Companies Act 1989];

(c) for the purpose of carrying on business as members of a recognised stock exchange, of a partnership consisting of persons each of whom is a member of that stock exchange.

[F2 (d) for any purpose prescribed by regulations (which may include a purpose mentioned above), of a partnership of a description so prescribed.]

[F3 (e) of an investment company with variable capital within the meaning of the Open-Ended Investment Companies (Investment Companies with Variable Capital) Regulations 1996.]

[F4 (3) In subsection (2)(a) “solicitor”—

(a) in relation to England and Wales, means solicitor of the Supreme Court, and

(b) in relation to Scotland, means a person enrolled or deemed enrolled as a solicitor in pursuance of the Solicitors (Scotland) Act 1980.

(4) In subsection (2)(c) “recognised stock exchange” means—

(a) The International Stock Exchange of the United Kingdom and the Republic of Ireland Limited, and

(b) any other stock exchange for the time being recognised for the purposes of this section by the Secretary of State by order made by statutory instrument.]

(5) Subsection (1) does not apply in relation to any body of persons for the time being approved for the purposes of the Marine and Aviation Insurance (War Risks) Act 1952 by the Secretary of State, being a body the objects of which are or include the carrying on of business by way of the re-insurance of risks which may be re-insured under any agreement for the purpose mentioned in section 1(1)(b) of that Act.

Textual Amendments

F1 Words in s. 716(2)(b) substituted by S.I. 1991/1997, reg. 2, Sch. para. 53(3).

F2 S. 716(2)(d) inserted by Companies Act 1989 (c. 40, SIF 27), ss. 145, 213(2), Sch. 19 para. 15(2)

F3 S. 716(2)(e) inserted (6.1.1997) by S.I. 1996/2827, reg. 75, Sch. 8 Pt. I para. 8

F4 S. 716(3)(4) substituted by Companies Act 1989 (c. 40, SIF 27), s. 145, Sch. 19 para. 15(3)

Modifications etc. (not altering text)

C1 S. 716 excluded (16.10.1992) by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), ss. 127(3), 302.

C2 S. 716(1) amended (30.4.1992) by S.I. 1992/1028, reg. 2(1).

C3 S. 716(1) excluded (1.9.1997) by S.I. 1996/1937, reg. 2

S. 716(1) excluded (30.9.1999) by S.I. 1999/2464, reg. 2

S. 716(1) excluded (31.3.2000) by S.I. 2000/486, reg. 2

S. 716(1) excluded (10.5.2001) by S.I. 2001/1389, reg. 2

C4 S. 716(2): by Financial Services Act 1986 (c. 60, SIF 69), s. 212(2), Sch. 16 para. 22 certain words were inserted at the end of s. 716(2) and those words were repealed (subject to any relevant transitional or saving provisions mentioned in S.I. 1990/355, art. 5) by Companies Act 1989 (c. 40, SIF 27), ss. 145, 212, 213(2), Sch. 19 para. 15(2), Sch. 24