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Partnership Agreements and Role of CQC Registered Manager

GPC has obtained legal advice, in respect of the role of the CQC registered manager and any required changes to partnerships deeds, should that person be one of the practice partners: guidance on the matter is as copied below.

The role of a registered manager is essentially a practical matter and all the duties imposed on a manager will also be obligations of the partnership generally, without the need for specific provision to be made. The potential liability of a registered manager to fines is not a matter which would be a liability of the partnership generally and given that someone in the partnership will have to agree to undertake the role it would be advisable for the partners to reach agreement on some form of indemnity against that possible liability. Partners who are in breach of their duty as partners, whether under a specific agreement or under the Partnership Act, will in general be liable to indemnify the other partners for losses caused by such breach, and any partnership agreement is likely to make provision for that. An attempt to duplicate provisions about such indemnity in any agreement adopted about the role of the registered manager is likely therefore to be both superfluous and potentially confusing. Given the differing arrangements which partnerships have and the fact that what they choose to agree is a matter for them, it is not possible to prescribe what practices should agree. However this is an issue which all practices should consider , and this will be best addressed by an amendment to the existing partnership agreement, and on which practices should seek their own independent and expert legal advice.


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