Although a partnership has many advantages over a company, it has a fatal disadvantage, that is, the unlimited joint and several liability of the partnership. People who do not know the partners very well generally do not dare to join the partnership, even if they join the partnership as a limited liability person, the limited responsible person cannot participate in the management of affairs, and it is generally difficult for the partnership to become bigger and stronger. Just like the withdrawal of shares by the shareholders of the company, the partners of a partnership will also want to withdraw from the partnership for various reasons. However, according to the provisions of the law, the unanimous consent of all partners is required to withdraw from the partnership. This creates a problem of difficulty in withdrawing from the group.
In particular, a series of cases that have been designed to become partners for investment reasons have been handled recently, and the client is not familiar with the other partners. So in this case, according to how can the partners withdraw from the partnership? Or how do partners get themselves out of the partnership?
To put it simply, I classify it into two broad categories, both of which can be achieved through litigation:
The first category: the problem of the partnership itself, the dissolution of the partnership, to achieve the goal. This first depends on whether the duration of the partnership has expired, and if it has expired, the goal can be achieved relatively quickly through litigation. Secondly, if the partnership enterprise has Article 85 of the Partnership Enterprise Law, the statutory conditions for dissolution, the purpose can also be achieved.
The second type: the internal transfer of partners to achieve purge.
Unless otherwise provided in the partnership agreement, the transfer of all or part of the property share of a partner in the partnership to a person other than the partner shall be subject to the unanimous consent of the other partners. When partners transfer all or part of their share of property in a partnership enterprise, they shall notify the other partners. Therefore, it is relatively simpler to fulfill an obligation to inform all partners in cases where it is not possible to reach an agreement among all partners. In this way, the purpose of successfully getting rid of the partnership can be achieved.
The above is my own case handling essay, if I can help you only for reference.