A Scottish qualifying (general)
partnership is a Scots
law general partnership used where every partner is a company. In practice, it describes a Scottish general partnership whose members are all limited companies (or unlimited companies each of whose own members are limited companies). The term is defined in regulation 3 of the Partnership (Accounts) Regulations 2008 (SI 2008/569) and applies only for so long as those conditions are met.
Key features and significance:
- Constituted under the law of Scotland; unlike English and Welsh general partnerships, a Scottish general partnership has separate legal personality.
- Treated as a “
qualifying partnership” for accounting purposes: it must prepare accounts broadly on a Companies Act basis and, where required by the Regulations, deliver them to the registrar of companies.
- Since 2017, Scottish qualifying partnerships are within the people with significant control (PSC) transparency regime and must provide prescribed PSC information to Companies House.
Usage is specific to Scotland. “Qualifying partnership” exists more broadly under UK accounting legislation, but the expression “Scottish qualifying partnership” refers to the Scottish general partnership variant only. There is no direct equivalent term in Irish (ROI) law. This concept is relevant in structuring, due diligence and regulatory compliance for corporate groups.