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What you said is a bit boring.,It stands to reason that quitting the gang has nothing to do with you returning to your old business.,Unless you have been restrained in the process of quitting.,For example, you promise not to allow anything after you come out.,But from what I mean on your surface without knowing it.,You get material benefits with an illusory shot and then go into that line to grab common resources with the old guy.,If it's in this case, it's nothing more than two situations., One is that when you quit the partnership, people have a written agreement or an oral agreement with the guarantor to bind you to not be able to go to this industry in the future, or at least not to share the previous resources, so that people can pursue you legally, and the second is to promise that people quit on what you say, and you will not do this business again in the future, in this case, then you have to compare your credibility values, and directly speaking, whether it has any impact on your life and social circle, this can only be measured by yourself.
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It depends, if the following conditions are met:
1. At that time, you and the partner did not sign any relevant agreements or agreements on withdrawing from the partnership or restricting them from engaging in this line after leaving the company.
2. The products you were operating at that time did not have registered trademarks or patents, or whether the final ownership rights were in your hands.
3. Your original company did not get the exclusive right to operate products.
If not, it doesn't matter when you are in business. If any of the above items are not satisfied, the business cannot be operated.
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Legal analysis: withdrawal is generally divided into two categories: voluntary withdrawal and statutory withdrawal
Voluntary withdrawal, also known as declaration of withdrawal, refers to the unilateral legal act of terminating the partnership agreement with other partners and withdrawing from the partnership based on the unilateral willingness of the partners to withdraw from the partnership (including agreement withdrawal and notice of withdrawal).
Statutory withdrawal, also known as compulsory withdrawal, refers to the withdrawal of the partnership ex officio that occurs not based on the expression of intent of the partners, but on the basis of legal provisions or statutory reasons. For example, a partner dies or is declared dead in accordance with the law, and a person who is declared incapacitated for civil conduct in accordance with the law (which also includes ex officio withdrawal and dismissal).
Legal basis: Article 51 of the Partnership Enterprise Law of the People's Republic of China When a partner withdraws from the partnership, the other partners shall settle with the withdrawing partner in accordance with the property status of the partnership at the time of withdrawal, and return the property share of the withdrawing partner. If the withdrawing partner is liable for the losses caused to the partnership, the amount of compensation shall be deducted accordingly.
If there are unsettled partnership affairs at the time of withdrawal, the settlement shall be carried out after the settlement of the affairs.
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Partnerships can be withdrawn as soon as they are withdrawn. If two people do business together in partnership, it is okay if one party asks to withdraw, and the partnership agreement stipulates the duration 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. It is difficult for the partner to continue to participate in the partnership;
4. Other partners seriously violate the obligations stipulated in the partnership agreement.
Partnership Enterprise Law of the People's Republic of China
Article 50. If a partner dies or is declared dead in accordance with law, the heirs who have the legal right to inherit the partner's share of the property in the partnership enterprise shall be qualified as a partner of the partnership enterprise from the date of commencement of the inheritance in accordance with the provisions of the partnership agreement or with the unanimous consent of all partners.
In any of the following circumstances, the partnership shall return to the successors of the partners the share of the property of the inherited partners:
1) The heir is unwilling to become a partner;
2) The law or partnership agreement stipulates that the partner must have the relevant qualifications, and the heir has not obtained such qualifications;
3) Other circumstances in which the partnership agreement stipulates that the partner cannot become a partner.
If the successor of a partner is a person with no or limited capacity for civil conduct, he or she may become a limited partner in accordance with the law with the unanimous consent of all partners, and the general partnership shall be converted into a limited partnership in accordance with the law. If all the partners fail to unanimously agree, the partnership shall return the share of the property of the successor partner to the heir.
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Summary. <>
Hello dear! 1. Discuss with partners: In the stage of partnership business, if one partner does not want to continue to cooperate, you can discuss with the other party, express your position and hardships, get the understanding and understanding of the other partner, and withdraw from the business by gathering and dispersing, which will not hurt the harmony.
2. Voluntary withdrawal: The partner who wants to withdraw from the partnership can apply for voluntary withdrawal, but the withdrawal needs to bear certain economic losses, and after the consent of the other partner, sign the withdrawal contract, voluntarily withdraw from the partnership with other partners, and achieve the legal effect.
What should I do if I want to quit doing business in partnership?
<> dear, you are absolutely good! 1. Discuss with partners: In the stage of partnership business, if one partner does not want to continue to cooperate, you can discuss with the other party, express your position and hardships, get the understanding and understanding of the other partner, and withdraw from the business in a good way to get together and disperse, which will not hurt Qi Wang's harmony.
2. Voluntary withdrawal: Partners who want to withdraw from the partnership can apply for voluntary withdrawal, however, the withdrawal needs to bear a certain amount of economic losses, and after the consent of the other partner, sign the withdrawal contract, voluntarily withdraw from the partnership with other partners, and achieve the legal effect.
We invested 300,000 yuan to do business with someone, and now that person ignores us, feeling that he wants to monopolize business and money.
Hello dear! Why did the other party ignore it?
The contract expired, but it was not renewed, and the two had a conflict, but he was in charge of the money.
Hello dear! Didn't negotiate the process?
He just ignores us now, he has the final say on everything, we have no choice now, he says that the contract has expired, and he intends to take the money and business alone.
Hello dear! It is possible to sue the other party.
How to charge fees, but the business has lost money, and I don't know how much I can get back.
Hello dear! You can sue the other party for compensation.
Hello dear! To sue a person, the process of prosecution is as follows: (1) verify the defendant's identity information, such as the defendant's real name, valid ID number, residential address, contact**, etc.; (Book 2) Write a complaint according to the nature of the case; (3) Collect evidence that is beneficial to oneself and relevant to the case; (4) Determine the people's court that has jurisdiction over the case you want to prosecute, and go to its Honghong case filing hall to file a case or file a case on the net.
He won't accompany him, he's unreasonable, he's very domineering, and we can't do anything about him.
Hello dear! If the other party does not pay compensation, they will sue the other party.
We can win this kind of lawsuit, not for a long time, not for a lot of money.
Hello dear! It depends on the case.
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Doing business in partnership and suddenly withdrawing from the partnership is a bit unauthentic, and it is best to discuss with a few partners what to do.
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If you want to quit now, it is more fair to calculate the exit according to the amount of investment you put in when you join the partnership, because you can buy as many shares as you want.
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Doing business in partnership is generally to fulfill responsibilities and obligations in accordance with the partnership agreement.
1. The partnership agreement has the highest binding force between the partners, and any failure to comply with the partnership agreement is illegal.
2. If, in accordance with the partnership agreement, the conditions for dissolution do not occur; If a partner proposes to withdraw from the partnership and dissolve, the partners should have fulfilled the withdrawal procedures in accordance with the withdrawal agreement, and the remaining partner does not intend to find another person to join the partnership, the other partners have the right to decide whether to dissolve.
3. The partnership property is owned by the partnership enterprise and all the partnership investors, and the creditor's rights and debts must be liquidated when the partnership is withdrawn and dissolved.
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Legal Analysis: 1. The partnership agreement has the highest binding force between the partners, and any non-compliance with the partnership agreement is illegal.
2. If, in accordance with the partnership agreement, the conditions for dissolution do not occur; If a partner proposes to withdraw from the partnership and dissolve, the partners should have fulfilled the withdrawal procedures in accordance with the withdrawal agreement, and the remaining partner does not intend to find another person to join the partnership, the other partners have the right to decide whether to dissolve.
3. The partnership property belongs to the partnership rock mu potato enterprise and all the partnership investors, and the withdrawal and dissolution of the partnership shall be liquidated for the creditor's rights and debts.
Legal Mask Basis:
Partnership Enterprise Law of the People's Republic of China Article 46 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.
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