Manitoba lawyers are permitted to practise law in a limited liability partnership. LLPs protect the personal assets of an “innocent” partner from professional liability claims arising from the negligence or misconduct of another partner or employee in whose work the innocent partner was not involved.
Requirements – Law Society Rules – Division 5
A Law Society member who is a partner in a LLP or who owns voting shares in a law corporation that is a partner in a LLP must be a practising lawyer and must maintain professional liability insurance coverage of at least $1,000,000 per occurrence and $2,000,000 in the aggregate.
A LLP that is formed under the laws of another jurisdiction that registers with the Law Society as an extra-provincial LLP may provide legal services to the public in Manitoba if a least one partner of the LLP is a member of the Law Society, is entitled to practise in Manitoba and practises primarily in Manitoba and the other partners of the LLP are practising members of an extra-provincial law society.
The member of the Law Society who is a partner in the extra-provincial LLP or who owns voting shares in a law corporation that is a partner in the LLP must maintain professional liability insurance coverage of at least $1,000,000 per occurrence and $2,000,000 in the aggregate.
Procedure to Register as a Limited Liability Partnership
1. Obtain Certification from the Law Society
To obtain certification from the Law Society that all partners are members of the Law Society, are covered by professional liability insurance and meet the eligibility requirements for practise as a LLP, submit one of the following the applicable forms with the associated fee
a) Application by a Partnership for Registration as a Manitoba Limited Liability Partnership
b) Application by a Partnership for Registration as an Extra-Provincial Limited Liability Partnership
2. Register LLP with the Companies Office.
Register the LLP with the Companies office and provide the Companies Office with the Certification received from the Law Society.
3. Provide Proof of Registration to the Law Society
Within 15 days of receiving registration from the Companies office, provide proof of it to the Law Society.
4. Renew and Advise
The Companies Office requires that a LLP renew its registration every three years. Provide proof of the renewal to the Law Society.
Changes
A LLP will continue to be registered with the Law Society unless and until you advise the Law Society of the LLP’s cancellation, termination or dissolution. Members are required to promptly advise the Law Society of these changes.
