Current location - Recipe Complete Network - Catering industry - What if the withdrawing partner disagrees?
What if the withdrawing partner disagrees?

if a partner wants to quit the partnership, he can negotiate with other partners to quit the partnership. If negotiation fails, a lawsuit can be brought to the people's court.

there are two types of withdrawal: voluntary withdrawal, also known as declared withdrawal, refers to unilaterally withdrawing from the partnership agreement with other partners (including withdrawal of the partnership agreement and withdrawal notice) according to the unilateral intention of partners to withdraw from the partnership. Legal withdrawal, also known as compulsory withdrawal, refers to the natural withdrawal based on legal provisions or legal reasons, rather than the expression of partners' intentions.

shareholder withdrawal process:

1. Obtain the Application Form for Company Change Registration (obtained by the Industrial and Commercial Bureau);

2. Change the business license (fill in the company change form, affix the official seal, sort out the amendment to the Articles of Association, the resolution of the shareholders' meeting, the letter of commitment and the original copy of the company business license, and go to the registration hall of the Industrial and Commercial Bureau for handling; If there is equity transfer, you must fill in the equity transfer agreement, and if the legal person is a foreign hukou, you must apply for a temporary residence permit);

3. Change the organization code certificate (fill in the change form of enterprise code certificate, affix the official seal, and sort out the company change notice, the copy of business license, the copy of the new corporate ID card and the original of the old code certificate to the Bureau of Quality and Technical Supervision);

4. Change the tax registration certificate (handled by the tax bureau);

5. Change the bank information (handled by the bank where the basic account is opened).

to sum up, if the partnership agreement does not stipulate the duration of the partnership, the partners may withdraw from the partnership without adversely affecting the execution of the partnership affairs, but they shall notify the other partners 31 days in advance.

Legal basis:

Article 45 of the Partnership Enterprise Law of the People's Republic of China

If the partnership term is stipulated in the partnership agreement, during the duration of the partnership enterprise, the partners may withdraw from the partnership under any of the following circumstances:

(1) The reasons for withdrawing from the partnership agreement appear;

(2) with the unanimous consent of all partners;

(3) it is difficult for partners to continue to participate in the partnership;

(4) other partners seriously violate the obligations stipulated in the partnership agreement.

article 46

if the partnership agreement does not stipulate the duration of the partnership, the partners may withdraw from the partnership without adversely affecting the execution of the partnership affairs, but they shall notify the other partners 31 days in advance.

article 47

if a partner withdraws from the partnership in violation of the provisions of articles 45 and 46 of this law, it shall compensate the losses caused to the partnership.