7. Appointed As Manager

Question 1

Rules of management when a partner has been appointed as a manager in the articles of partnership

Answer 1

1. Managing partner may execute all acts of his administration despite of the opposition of his partners unless he is practicing bad faith
2. His revocation can happen by the vote of the partners with just or lawful cause
3. His appointment can be revoked by consent of all Partners including the managing partner

Question 2

Rules of management when a partner has been appointed after the partnership has been constituted

Answer 2

1. He may execute all his acts of administration but opposing other partners will result to voting for his removal as manager
2. He may be removed with or without just or lawful cause through the voting of the partners. Because he is only an agent whose authority may be revoked by the highest principal which is the partnership

Question 3

Rules of management when 2 or more partners have been appointed as manager when there’s a specifications of their respective duties

Answer 3

1. All duties should only be performed by the respective partner assigned

Question 4

Rules of management when 2 or more partners have been appointed as manager when there’s NO specifications of duties

Answer 4

1. Each one may execute their acts of administration
2. In case of opposition, the majority of decision by managing partners shall prevail
3. In case of tie, the decision of managing partner owning the controlling interest shall prevail

Question 5

Rules of management when the manner of management has not been agreed upon

Answer 5

1. All partners shall be considered as an agent but no one should make an important decision to the immovable properties without the consent of everyone
2. Whatever anyone do alone shall consider the partnership
3. In case of decision, majority will prevail
4. Incase of tie in the decision, partner owning the controlling interest shall prevail.