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What is considered misconduct in partnerships?

Breach of Fiduciary Duty
Partners owe each other a duty of honesty, loyalty, and good faith. Any act that betrays this trust is considered misconduct.

  • Withholding financial records or misrepresenting facts
  • Diverting business opportunities for personal gain
  • Failing to disclose conflicts of interest
  • Acting against the firm’s interest for personal benefit
  • Secretly competing with or working for a rival business

Financial Irregularities and Misuse of Funds
Improper handling of the firm’s financial resources or accounts is a serious form of misconduct.

  • Embezzlement or misappropriation of partnership funds
  • Unauthorized withdrawals or unrecorded drawings
  • Falsifying books of accounts or hiding liabilities
  • Using firm assets for personal use without consent
  • Concealing profits or manipulating expense entries

Violation of Partnership Deed Terms
Ignoring or breaching the written terms of the partnership agreement is misconduct, whether intentional or negligent.

  • Failing to perform assigned roles or responsibilities
  • Making decisions without partner approval when required
  • Bringing in a new partner or altering the business without consent
  • Violating agreed profit-sharing or capital contribution rules
  • Not complying with the firm’s internal governance procedures

Illegal or Immoral Conduct
A partner’s conduct outside the firm can also qualify as misconduct if it affects the firm’s reputation or legal standing.

  • Engaging in criminal activity (fraud, theft, corruption, etc.)
  • Causing reputational damage through immoral public behavior
  • Getting convicted for offences involving moral turpitude
  • Defaming the firm or fellow partners in public or to clients
  • Violating government regulations while acting on behalf of the firm

Persistent Negligence or Mismanagement
Consistent failure to carry out partnership duties or mismanaging operations can be treated as misconduct.

  • Ignoring client obligations or deadlines
  • Frequently missing meetings or key decisions
  • Incurring unnecessary expenses or losses through poor judgment
  • Failing to comply with regulatory filings and taxes
  • Undermining teamwork and damaging internal communication

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