What are the ways for partners to withdraw from the partnership?

According to the theory of commercial law, the withdrawal of the original partner refers to the withdrawal of the capital belonging to him (or her) from the partnership by the original partner. Legally, the withdrawal of the original partners leads to the dissolution of the original partnership, the establishment of a new partnership, and a change in the economic relationship between the partners. A partner is only liable to pay the debts of his partnership with the consent of the other partners or in accordance with the provisions of the partnership agreement.

The main reasons for the withdrawal of a partner are: the death of a partner without designating a successor, the dismissal of a partner for breach of the partnership agreement, or the seizure of the partnership interests held by the partner. The death of a partner without the designation of his successor, the dismissal of a partner for breach of the partnership agreement, or the seizure of the partnership interest held by the partner, etc.

You are doing business in partnership, and you don't have an online signing agreement. But since it's an agreement, let's count it as you agreed. Your equipment was counted as 100,000 before the partnership, so what about now? Is it worth 100,000? So my understanding is.

The remaining amount: the selling price of the equipment (the ** that the equipment is really sold, not estimated) + 30,000 profits - 60,000 wages.

Finally, divide the remaining amount by 2.

Remember to sign the agreement first in the future, and do business most afraid of exiting halfway, because after a large amount of money is invested, it takes time to make a profit, sometimes the cycle is short, sometimes the cycle is long, if you quit halfway, it is likely to be wasted. So you should first consider whether to break up according to your actual situation.

Legal analysis: 1. Withdrawal by agreement.

If the partnership agreement stipulates the term of the partnership, during the existence of the partnership, the partners may withdraw from the partnership under any of the following circumstances:

1) The reason for withdrawal stipulated in the partnership agreement appears;

2) With the unanimous consent of all partners;

3) The occurrence of reasons for the partners to continue to participate in the partnership;

4) Other partners seriously violate the obligations stipulated in the partnership agreement.

2. Notify the withdrawal of the partner.

If the partnership agreement does not stipulate the term of the partnership, the partners may withdraw from the partnership without adversely affecting the execution of the affairs of the partnership enterprise, but shall notify the other partners 30 days in advance.

3. Of course, quit the group.

If a partner has one of the following circumstances, he or she shall withdraw from the partnership

1) The natural person who is a partner dies or is declared dead in accordance with law;

2) personal insolvency;

3) The legal person or other organization that is a partner has had its business license revoked, ordered to close down, revoked, or declared bankrupt in accordance with law;

4) The law or the partnership agreement stipulates that the partner must have the relevant qualifications and lose such qualifications;

5) The entire property share of the partners in the partnership enterprise is enforced by the people's court.

Legal basis: Partnership Enterprise Law of the People's Republic of China

Article 45 Where the partnership agreement stipulates the term of the partnership, during the existence of the partnership enterprise, the partners may withdraw from the partnership under any of the following circumstances:

1) The reason for withdrawal stipulated in the partnership agreement appears;

2) With the unanimous consent of all partners;

3) The occurrence of reasons for the partners to continue to participate in the partnership;

4) Other partners seriously violate the obligations stipulated in the partnership agreement.

Article 46 Where the partnership agreement does not stipulate the term of the partnership, the partners may withdraw from the partnership without adversely affecting the execution of the affairs of the partnership enterprise, but shall notify the other partners 30 days in advance.

Article 48 A partner shall withdraw from the partnership ex officio under any of the following circumstances:

1) The natural person who is a partner dies or is declared dead in accordance with law;

2) personal insolvency;

3) The legal person or other organization that is a partner has had its business license revoked, ordered to close down, revoked, or declared bankrupt in accordance with law;

4) The law or regulations or the partnership agreement stipulates that the partner must have the relevant qualifications and loses such qualifications;

5) The entire property share of the partners in the partnership enterprise is enforced by the people's court.

Where a partner is lawfully identified as a person with no or limited capacity for civil conduct, he or she may be converted into a limited partner in accordance with law with the unanimous consent of the other partners, and a general partnership may be converted into a limited partnership in accordance with law. If the other partners fail to unanimously agree, the partner who has no or limited capacity for civil conduct shall withdraw from the partnership.

The effective date of the withdrawal is the date on which the reason for withdrawal actually occurs.

The methods of withdrawal of partners include: the occurrence of the reasons for withdrawal stipulated in the partnership agreement, the withdrawal of the partnership with the consent of all partners, and the occurrence of reasons for the partners to continue to participate in the partnership. In other cases, a partner may give 30 days' notice to the other partners if he wants to withdraw from the partnership.

Legal basis] Article 45 of the Partnership Enterprise Law.

If the partnership agreement stipulates the term of the partnership, during the existence of the partnership, the partners may withdraw from the partnership under any of the following circumstances:

1) The reason for withdrawal stipulated in the partnership agreement appears;

2) With the unanimous consent of all partners;

3) The occurrence of the reason that it is difficult for the partner to continue to participate in the preparation of the Tongtuan Partnership Bureau;

4) Other partners seriously violate the obligations stipulated in the partnership agreement.

The methods of withdrawal of partners include withdrawal by agreement, notice of withdrawal, ex-officio withdrawal and removal. If the partnership agreement stipulates the term of the partnership, it shall be during the existence of the partnership enterprise;

If there are any reasons for withdrawal as stipulated in the partnership agreement, with the unanimous consent of all partners, there are reasons for the partners to continue to participate in the partnership, or if the other partners seriously violate the obligations stipulated in the partnership agreement, the partners may withdraw from the partnership.

1. How to settle accounts when the partnership withdraws halfway.

1. If a partner withdraws from the partnership, the other partners shall settle with the withdrawing partner according to the property status of the partnership at the time of withdrawal, and return the property share of the withdrawing partner;

2. The method of returning the property share of the withdrawing partner in the partnership enterprise shall be agreed in the partnership agreement or decided by all partners;

3. If there is an unsettled partnership business at the time of withdrawal, the settlement shall be carried out after the settlement of the transaction.

2. What is the principle of distribution of property for the withdrawal of partners?

The principles for the distribution of the property of the partners are as follows:

1. According to the provisions of the Partnership Enterprise Law of the People's Republic of China, if a partner withdraws from the partnership, the other partners shall settle with the partnership according to the property status of the partnership and return the partner's share of property;

2. When the returned property is distributed, the money or kind can be returned. The specific return method shall be determined by the partnership agreement or all partners through negotiation;

3. When the partnership withdraws, there is no property, only debts, and the hidden debts must also be shared by the withdrawing partner.

3. How to withdraw if the partnership business falls out.

If the partnership business falls out, you can withdraw from the partnership, and there are two situations for the withdrawal of the partnership.

The first is that the partnership agreement stipulates the term of the partnership, and in any of the following circumstances, the filial partner may withdraw from the partnership: (1) the reason for withdrawal stipulated in the partnership agreement appears; 2) With the unanimous consent of all partners; 3) The occurrence of reasons for the partners to continue to participate in the partnership; 4) Other partners seriously violate the obligations stipulated in the partnership agreement. The second is that if the partnership agreement does not stipulate the term of the partnership, the partners may withdraw from the partnership without adversely affecting the execution of the affairs of the partnership, but shall notify the other partners 30 days in advance.

Article 45 of the Partnership Enterprise Law of the People's Republic of China stipulates that if the partnership agreement stipulates the term of the partnership, during the existence of the partnership, the partners may withdraw from the partnership under any of the following circumstances:

1) The reason for withdrawal stipulated in the partnership agreement and the transportation hall appears;

2) With the unanimous consent of all partners;

3) The occurrence of reasons for the partners to continue to participate in the partnership;

4) Other partners seriously violate the obligations stipulated in the partnership agreement.

The way for partners to withdraw from the partnership is to withdraw by agreement, notify the withdrawal of the partner, and of course withdraw from the partner, and remove the name. If the partnership agreement stipulates the term of the partnership, it shall be during the existence of the partnership; There are reasons for withdrawal as stipulated in the partnership agreement. With the unanimous consent of all partners, if it is difficult for a partner to continue to participate in the partnership, and if the other partners seriously violate the obligations stipulated in the partnership agreement, the partners may withdraw from the partnership.

Article 45 of the Partnership Enterprise Law of the People's Republic of China stipulates that if the partnership agreement stipulates the term of the partnership, during the existence of the partnership enterprise, if one of the following circumstances is called, the partner may withdraw from the partnership: (1) The reason for withdrawal stipulated in the partnership agreement appears; (2) With the unanimous consent of all partners of Kaiyou; 3) The occurrence of reasons for the partners to continue to participate in the partnership; 4) Other partners seriously violate the obligations stipulated in the partnership agreement.

Partners can exit the partnership in the following ways:

1. Declare withdrawal from the partnership. Declared withdrawal from the partnership, also known as voluntary withdrawal, refers to the withdrawal of partners based on voluntary expressions of intent.

2. Of course, quit the group. It refers to the withdrawal caused by certain objective circumstances.

3. Removal and withdrawal. Also known as dismissal and withdrawal, it refers to the removal of the partner by the resolution of the other partners in the case of a legal reason for the partner.

Legal basisArticle 45 of the Partnership Enterprise Law stipulates that if the partnership agreement stipulates the term of the partnership, during the existence of the partnership enterprise, the partners may withdraw from the partnership under any of the following circumstances:

1) The reason for withdrawal stipulated in the partnership agreement appears;

2) With the unanimous consent of all partners;

3) The occurrence of reasons for the partners to continue to participate in the partnership;

4) Other partners seriously violate the obligations stipulated in the partnership agreement.