Is the settlement between one partner and the creditor binding on the other partners?

Updated on Financial 2024-03-09
8 answers
  1. Anonymous users2024-02-06

    If one of the partners settles with the creditor in his or her own name, it should not be binding on the other partners, so it should be determined whether the settlement is binding on the other partners on the basis of whether the settlement is made in the capacity of a partner or an individual. FYI.

  2. Anonymous users2024-02-05

    Such an act is not binding without the authorization of the other partners.

  3. Anonymous users2024-02-04

    The settlement between one partner and the creditor shall be binding on the other partners, and the other partners shall jointly bear the responsibility for repayment.

    Legal basis: General Principles of the Civil Law:

    Article 34 The business activities of an individual partnership shall be jointly decided by the partners, and the partners shall have the right to execute and supervise.

    Partners can nominate the person in charge. The business activities of the person in charge of the partnership and other persons shall be borne by all partners.

    Article 35 The debts of a partnership shall be repaid by the partners with their respective properties in accordance with the proportion of capital contribution or the agreement agreed.

    The partners are jointly and severally liable for the debts of the partnership, unless otherwise provided by law. A partner who repays the debts of the partnership in excess of the amount he should bear shall have the right to recover from the other partners.

  4. Anonymous users2024-02-03

    Is the settlement of the creditors binding on the other partners? The settlement of one partner and the creditor has no constraint on the others, because it is he, and the other person settles with the creditor.

  5. Anonymous users2024-02-02

    Is the settlement between one partner and the creditor binding on the other partners? There is only one partner, and the settlement of creditors is not binding on the other partners.

  6. Anonymous users2024-02-01

    There should be a way for a partner to settle with a creditor to be binding on the other partners.

  7. Anonymous users2024-01-31

    Summary. Pro-<>

    In this case, there are a few steps you can take to fix the problem:1First, communicate and negotiate with the partners.

    Express your concerns and confusion and ask the partner to provide detailed supply records and relevant documents so that you can understand how much goods the supplier has actually delivered. 2.If the partner is unwilling to provide relevant information or refuses to work with you to resolve the issue, you may consider seeking legal assistance.

    Consult with a lawyer who will provide you with specific legal advice and help you take appropriate legal action. <>

    Partners and creditors have agreed debts, and other partners need to bear them.

    Kiss <>

    Hello! According to the law of the general partnership, the debts formed between the partners are jointly assumed, that is, each partner is jointly and severally liable for the debts of the partnership. Therefore, if there is an agreement between the partners and the creditors, the other partners still need to bear this part of the debt.

    In accordance with Article 13 of the Law of the People's Republic of China on Partnership Enterprises, the partners are jointly and severally liable for the debts of the partnership.<> This means that each partner is jointly and severally liable for the debts of the partnership, that is, no matter which partner is unable to repay the debt, the creditor can recover from any of the partners. <>

    In the partnership agreement, the partners may agree that a partner will not bear specific debts under special circumstances, but this agreement is only binding on the rough between the partners and is invalid against creditors.<> Therefore, the agreement between the partners and the creditors does not affect the liability of the other partners for the debt. <>

    Kiss <>

    Is there anything else you don't understand? You can continue to consult with your teacher. <>

    The main thing is that he found someone to supply materials, and all the receipts and on-site signatures are his, and we don't know how many goods the supplier has sent, what to do in this situation.

    In this case<> there are several steps you can take to fix the problem:1First, communicate and negotiate with the partners.

    Express your concerns and confusion and ask the partner to provide detailed supply records and relevant documents so that you can understand how much goods the supplier has actually delivered. 2.If the partner is unwilling to provide relevant information or refuses to work with you to resolve the issue, you may consider seeking legal assistance.

    Consult with a lawyer who will provide you with specific legal advice and help you take appropriate legal action. <>

    Pro<> you usually need to scout and gather evidence to support your claims. For example, unsuccessful communications with partners through **, email, or other written records, as well as any evidence relating to the supplier. This evidence will help you prove your rights in court. <>

  8. Anonymous users2024-01-30

    OK. The debts of the partners to the partnership are jointly and severally liable unlimitedly.

    A creditor can ask a partner to take on the debt. Then, after the partner has assumed the debt, he can recover from the other partners.

    Unlimited joint and several liability means that in addition to the share of the enterprise's debts assigned to its own name, the investor also needs to bear joint and several obligations for the share of the debts in the names of other investors of the enterprise, that isThe share of debt in the name of other investors is obliged to repay the share of debt on their behalf

    Article 2 of the Partnership Enterprise Law stipulates that the term "partnership enterprise" as used in this Law refers to the general partnership and limited partnership established by natural persons, legal persons and other organizations within the territory of China in accordance with this Law.

    A general partnership is formed by the general partnersThe partners are jointly and severally liable for the debts of the partnership。If there are special provisions on the form of liability of the general partner in this Law, such provisions shall prevail.

    A limited partnership consists of a general partner and a limited partnerThe general partners are jointly and severally liable for the debts of the partnershipThe limited partners are liable for the debts of the partnership to the extent of their subscribed capital contributions.

    Article 40 of the Partnership Enterprise Law When the debts of a partnership enterprise are paid off with the property of the partnership enterprise, each partner shall bear the liability for repayment of the insufficient part in accordance with the proportion provided for in the first paragraph of Article 32 of this Law with the property other than the capital contribution of his friends in the partnership enterprise.

    The partners are jointly and severally liableIf the amount of repayment exceeds the amount that it should bear, it has the right to recover from the other partners.

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