Now many friends have money in their hands and will consider investing in partnership with friends. As we all know, when investing in a partnership, it is best to sign a partnership agreement, which stipulates each other's share, authority, dividends and debt assumptions, and the way of settlement of withdrawal. A partnership agreement refers to a contract in which two or more partners agree on the specific matters of the partnership, that is, it stipulates the specific rights and obligations and forms of responsibilities of both parties in the partnership operation.
However, the partnership has been long, and it is inevitable that the partners will have differences and propose to withdraw from the partnership. So how should I return it?
First of all, it depends on how the clauses on withdrawal in the partnership agreement are stipulated, there is an agreement in accordance with the agreement, there is no agreement or no written partnership agreement, it depends on whether the following conditions for withdrawal are met, and in one of the following circumstances, the partner can claim to withdraw from the partnership settlement:
1. The reason for withdrawal as stipulated in the partnership agreement appears;
2. With the unanimous consent of all partners;
3. The occurrence of reasons for the partners' difficulty in continuing to participate in the partnership;
4. Other partners seriously violate their obligations under the partnership agreement. For example, the most common is that there is a profit, and other partners do not pay dividends as agreed.
If the partner claims to withdraw from the partnership, without affecting the operation of the partnership, the other partners shall be notified 30 days in advance, and the other partners shall settle the settlement according to the property status of the partnership at the time of withdrawal and return the property share of the withdrawing partner.
If the other partners do not agree to withdraw from the partnership, how can the withdrawal party sue the withdrawal settlement?
The withdrawing partner may sue at the place of registration of the partnership enterprise, or without an office, he may sue at the domicile of any defendant, and submit the complaint, evidence and other prosecution materials to the court in accordance with regulations. It should be noted that in the case of withdrawal settlement, the plaintiff bears the burden of proof for the settlement amount claimed by the plaintiff. It is necessary to provide the court with the details of the accounts of the partnership operation, the profit situation and other evidence. If not, the court may adduce evidence that it is impossible to dismiss your claim.
The lawyer reminds everyone that everything is left behind, cooperative operation is best to sign a contract, the contract terms and the way of refund are clearly agreed, if the partners are responsible for the operation, it is best to stipulate that the operator should regularly publish the profit and the company's accounts, and retain the relevant evidence.
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