Disputes over the withdrawal of partnership business shall be dealt with

After taking a look at it, analyze the following practices between you.

First: Didn't you sign before how to divide the assets if you withdraw your shares early?

Second: Listen to your description, this store is what you have been running, don't you pay yourself a salary every month? If you don't say your salary in advance, and you each invest half of the money, of course he will ask for half of each.

Thirdly; You've been running this store, don't you know how many other items are in the store? Since you only asked him for 30,000 yuan, and after ordering the goods, you found that it was worth 40,000 yuan, and you want him to take 40,000 yuan, I feel that you are not good enough, you can say that it is worth 40,000 yuan, but you only need 30,000 yuan. Let him understand that he took advantage.

Of course, you also have to understand that it was you who first proposed the withdrawal of shares).

And there is: I think it's good to disperse, it's not good for you to be like this, lock the door, no matter who runs it in the future, it's not good, right? The most important thing is to hurt money.

Since you want to sell the store, then he is unwilling to let go, so you let him take the money. If he doesn't take the money, you sell the goods first, and then deduct them from the payment. You don't give him cash either.

He understands your difficulties because you're a clothing store and he's a cosmetics store, and although it's not the right way, I can't think of a better way.

Now that this is the case, I think you can do this, you can open the door first and then talk slowly.

Let's talk objectively: I heard you say that you should be the first to propose to withdraw the shares, according to the regulations, whoever proposes to withdraw first, who bears more things (provided that no one forces you to withdraw), that is to say, the other party says the conditions. First; The first is proposed to withdraw the shares, and the second:

It is also yours if you change 30,000 to 40,000; He doesn't have any money, so people can't come up with the money, so they can only divide the goods.

Speechless, your friend's behavior is vexatious, there are always things to discuss, you have to think of a way to get the best of both worlds, but it's not good to think about it. Because all men are selfish.

If the partner withdraws from the partnership in the middle of the partnership, it shall be handled in accordance with the withdrawal clause stipulated in the partnership agreement. If the partnership agreement is not clear or there is no agreement, the partnership cannot be withdrawn without the consent of all partners. If it is necessary to forcibly withdraw from the partnership, the partner who withdraws from the partnership shall bear all the losses of the other partners (including the losses of the investment and the expected returns) caused by it.

In accordance with the provisions of the Partnership Enterprise Law, if 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.

The method of returning the share of the property of the withdrawing partner in the partnership enterprise shall be agreed in the partnership agreement or decided by all the partners, and may be refunded in money or in kind. The withdrawing partner shall be jointly and severally liable with other partners for the debts of the partnership that have occurred before the withdrawal.

Legal analysis: Under normal circumstances, if the partnership agreement stipulates that the unanimous consent of all partners is required to withdraw from the partnership, the partners need to comply with this provision, but if the reasons for withdrawal stipulated in the partnership agreement arise and the reasons for the partners are difficult to continue to participate in the partnership, they can withdraw from the partnership even if the unanimous consent of the partners is not obtained.

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

Article 40 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) The other partners have seriously violated the obligations agreed 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 47 Where a partner withdraws from the partnership in violation of the provisions of Articles 45 and 46 of this Law, he shall compensate for the losses caused to the partnership as a result.

1. Property disposal disputes that occur when partners withdraw from the partnership.

The partnership property disposed of when the partners withdraw from the partnership includes the property invested by the individual in accordance with the agreement at the time of the partnership, the property accumulated during the partnership, as well as the creditor's rights and debts in the partnership. In principle, the property should be returned at the time of withdrawal, and if it is difficult to clear it at one time, it can be cleared in batches and installments, and if it is difficult to return the original property, it can be discounted. If the other partners suffer losses when they withdraw from the partnership, the reason for the withdrawal and the liability of the party at fault shall be considered to establish the liability for compensation.

2. The distribution of property at the time of termination of the partnership.

When the partnership is terminated, it is first necessary to conduct audit and liquidation, and if there is a written agreement, it shall be handled according to the agreement; If there is no agreement and there is a dispute in the negotiation, such as the amount of capital contribution, etc., it will be handled equally according to the amount of capital contribution. If the number of capital contributions is not equal, the interests of the partners with the largest capital contributions shall be taken into account.

3. Handling of the death of a partner due to disability.

The partner is not a legitimate business activity, but is purely disabled by his own behavior, and if there is any damage to others, the others shall be liable for compensation. If it is your own fault, you will be held responsible. If a partner is disabled or dies in the course of the partnership, if the partnership is insured by insurance, the claim shall be settled in accordance with the provisions of the insurance company; If a third party causes harm to the gods, the third party shall bear compensation according to the fault liability.

If there is no personal insurance, and the injury is not caused by others, the partner shall be responsible for the medical treatment, burial and other expenses and pensions for disability and death. If there is an agreement, it shall be handled according to the agreement; If there is no agreement, it shall be handled in accordance with labor laws and regulations.

1. How to divide the divorce of the husband who is the legal person of the company.

If one of the spouses contributes capital and another person operates the partnership with the joint property of the husband and wife, and the other spouse is not a partner in the enterprise, the partnership property may be assessed at the time of divorce to determine the share of the joint property of the husband and wife in the partnership property. The share of the joint property may belong to one of the spouses, and the compensation given by the other spouse may be divided into two parts, and both parties shall join the family with their respective shares. When the people's court hears a divorce case involving such circumstances, if the husband and wife reach an agreement through consultation to transfer all or part of their share of the property in the partnership to the other party, it shall be handled separately according to the following circumstances:

1) If the other partners unanimously agree, the spouse shall obtain the status of a partner in accordance with the law, 2) if the other partners do not agree to the transfer, and exercise the right of priority under the same conditions, the property obtained from the transfer may be divided3) if the other partners do not agree to the transfer and do not exercise the right of first refusal, but agree to the partner's withdrawal or return of part of the share of the property, the returned property may be divided; If the partner does not agree to withdraw from the partnership or return part of the property share, it shall be deemed that all partners agree to the transfer, and the spouse shall obtain the status of partner in accordance with law.

Due to the nature of the partnership, individual partnerships are "easy to live and die easily", a large number of partnerships are oral partnership agreements, and a large number of partnerships do not agree to withdraw or terminate the contract at the beginning because of mutual trust. The termination of the partnership is either a unanimous agreement between the partners and an agreement to withdraw their pants and collapse the partnership, or a dispute arises in the partnership, and all parties are not convinced by each other, and they all think that the other party has taken advantage and suffered a loss, and after the negotiation fails, they sue the court to request the dissolution of the partnership, and there are also a large number of partnerships that "die naturally" due to the small amount or the difficulty of protecting their rights.

There are inconsistencies in the determination of the nature of the legal relationship, capital contribution, loss bearing, dividends, etc., resulting in different judgments in the same case often occur in judicial practice. In case of partnership disputes, it is recommended to consult a lawyer who is more professional in this area, not a professional lawyer in this area, and can only understand some legal principles of Hu Yuan, but has no experience and skills in this area. Those who know how to deal with real estate disputes do not necessarily know how to deal with partnership disputes.

For example, Fang Zhaoxuan's lawyer team in Beijing and Xu Baotong's lawyer team in Shanghai are relatively professional in dealing with partnership disputes in China.

The handling of disputes over the withdrawal of partners generally needs to be handled in accordance with the rules agreed in the partnership agreement, and if there is no agreement in the agreement or the agreement is unclear, it shall be handled in accordance with the provisions of the law. As an active economic entity, partnership is not uncommon in economic life, and in order to regulate economic activities, China has made detailed legal provisions on the establishment, entry and withdrawal of partnerships.

1. Handling of partners' return disputes.

Individual partnership refers to two or more citizens who provide funds, in-kind and technical cooperation in accordance with the agreement, and work together. The essence of a partnership dispute is a dispute over rights and interests. When making a profit, some people want to exclude the other part of the partner qualifications, or some people want to maintain or compete for the qualifications of partners.

In the event of a loss, some people want to deny their partner qualifications, or want the other part of them to share the loss with them, and confirm the other part of their partner qualifications.

2. A partner shall withdraw from the partnership under any of the following circumstances.

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

2.The individual becomes insolvent.

3.The business license of a legal person or other organization that is a partner has been revoked in accordance with law. Order the key to be closed, revoked or declared bankrupt.

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 partner in the partnership was enforced by the people's court.