How can a partner appointed as a manager in the articles of partnership be removed?

In the context of partnership law, the removal of a partner who is specifically designated as a manager in the articles of partnership is governed by both the provisions outlined in the partnership agreement and the general principles of partnership law. If the partnership agreement does not specify the process for removal, the general rules apply.

When a partner is appointed as a manager, they typically have specific responsibilities and authority granted by the partnership agreement. The controlling partners or those with a majority interest often have the power to make operational decisions, including the ability to appoint or remove a manager. Therefore, removal by a vote of the controlling partner is a viable method, as it aligns with the authority allocated in many partnership agreements, especially when the majority partners believe that the manager’s actions are not aligning with the interests of the partnership.

In contrast, removal only for just cause may restrict the ability to terminate a managerial partner strictly to specific instances of misconduct, which may not always reflect the dynamics of partner relationships. Consent from all partners would typically be more cumbersome and difficult to achieve, especially in larger partnerships, as it requires unanimous agreement regardless of the rationale. Written notice could apply in some contexts but is not the definitive or exclusive method for removal typically recognized in partnership law.

Thus, the method of