According to the second paragraph of Article 45 of the Partnership Enterprise Law, during the existence of a partnership enterprise, the partners may withdraw from the partnership with the unanimous consent of all the partners. If the other partners don't agree to quit, they can't quit. If the other company withdraws its capital contribution without authorization, it depends first on whether there is a clear agreement in the original partnership agreement between the two parties. If there is an agreement, it should be resolved by referring to the breach clause. If there is no explicit agreement, according to the provisions of Article 46 of the Partnership Enterprise Law, if the partnership agreement does not stipulate the partnership term, the partner may return the goods without affecting the implementation of the partnership affairs, but shall notify the other partners 30 days in advance. Those who violate the above provisions and cause losses to the partnership shall be compensated.
Both the general partner and the limited partner have the right to withdraw their shares, and the general partner may notify other partners in writing to withdraw their shares from the limited partnership at any time. However, if such withdrawal violates the partnership agreement, the limited partnership may deduct the corresponding amount from its due distribution for the damage caused by the withdrawal of shares in violation of the partnership agreement. A limited partner may withdraw its capital at any time or when an event specified in writing in the partnership agreement occurs. If the agreement does not specify in writing the time or event when the limited partner can withdraw the capital, or the specific time of dissolution and closure of the partnership, the limited partner shall notify the partners in writing of the address of the business premises of the limited partnership in the state at least six months in advance, and then the capital can be withdrawn. At the same time, the law also stipulates that any divesting partner has the right to receive the distribution due to divestment in accordance with the partnership agreement, and if there are no other provisions in the agreement, he has the right to receive his share in the limited partnership within a reasonable time after divestment according to the fair value of his equity on the date of divestment.
A partner should sign a withdrawal agreement before withdrawing from the partnership, and the legal consequences caused by the withdrawal and withdrawal of the partner are as follows:
First, the partner loses the partner qualification;
Second, the quitter requests other partners to liquidate the partnership according to the property status of the quitter and return the quitter's share of the property. If there are unfinished partnership affairs when quitting the partnership, liquidation shall be carried out.
Third, the quitter shall be jointly and severally liable with other partners for the partnership debts that have occurred before his withdrawal;
Fourth, if the partnership property is less than the partnership debt when the partner quits the partnership, the quitter shall share the loss according to the proportion agreed in the peace agreement; If the proportion is not agreed, the loss shall be shared equally by all partners;
Fifth, if there are less than two partners in the partnership due to the withdrawal of partners, the partnership can be terminated accordingly.