In the process of opening a store in partnership, if one person wants to withdraw his shares, he needs to operate under the partnership law. Generally, if a partner wants to withdraw their shares, they can do so by following these steps:
1. Mutual consultation:
First of all, the withdrawing partner can negotiate with the shareholders of other partners, and the specific withdrawal conditions are subject to the negotiation between the two parties, and the withdrawal agreement can be signed to stipulate the share and amount of the withdrawal, and the other partners can accept the withdrawal shares, and can also agree on non-competition clauses, prohibiting them from engaging in related industries, but they must give corresponding compensation.
2. Share transfer:
If the other partners are willing to accept the shares of the withdrawing partner, they can transfer the shares by the withdrawal agreement. In the process of share transfer, the relevant provisions of the partnership law need to be observed. For example, the withdrawing partner should be informed in advance, and the other partners have the right of first refusal.
3. Transfer to another person:
The withdrawing partner may request the other partner to acquire the shares of the partner, and if the other partner refuses to acquire the shares of the retirement, the withdrawing partner may transfer the shares to another person, but the other partners have the right of first refusal under the same conditions. That is to say, under the same conditions, the withdrawing partner should give priority to selling to other partners, unless the other partners refuse to repurchase the shares, they can transfer the withdrawing shares to others.
4. Go through the relevant procedures:
If the partnership is registered with the administrative department for industry and commerce, after the partner withdraws, it is also necessary to cooperate with the other partners to go through the relevant share transfer procedures with the administrative department for industry and commerce, and file and retain it with the administrative department for industry and commerce.
In particular, if the partnership opens a store only for a small reason and no partnership or company is established, the Civil Code shall apply to the withdrawal of the partnership;If the partnership opens a store in the form of a partnership, the Partnership Enterprise Law applies to the withdrawal;If the partnership opens a store and establishes a limited liability company or the shares are withdrawn, the "Company Law" applies, and it may also be necessary to convene a general meeting of shareholders to vote, etc., and the procedure is a little more troublesome.
In general, an ordinary partnership is a general partnership, and the provisions of the civil law can be applied.