First, how to terminate the partnership contract
(1) According to the Withdrawal Agreement, the other party may be required to withdraw when the conditions for withdrawal are met.
(2) You can bring a lawsuit to the court and ask the other party to quit. If the demand is reasonable, you can quit.
(3) It is suggested that both parties negotiate first about the compensation after asking the other party to quit. If negotiation fails, they can bring a lawsuit to the court. If the lawsuit goes to the court, it shall first be carried out in accordance with the agreement on compensation in the partnership agreement. If there is no similar agreement, then it is necessary to prove the actual loss caused by the other party.
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civil law
Article 563
In any of the following circumstances, the parties may terminate the contract:
(a) the purpose of the contract cannot be achieved due to force majeure;
(two) before the expiration of the time limit for performance, one party clearly indicated or indicated by his own behavior that he would not perform the main debt;
(three) one party delays the performance of the main debt and fails to perform it within a reasonable period after being urged;
(4) One of the parties delays the performance of debts or commits other breach of contract, which makes it impossible to achieve the purpose of the contract;
(5) Other circumstances stipulated by law. For an indefinite contract whose content is to continue to perform debts, the parties may terminate the contract at any time, but they shall notify the other party before a reasonable time limit.
Second, the provisions of the partnership agreement
Individual partnership means that two or more citizens provide funds, materials and technology according to the agreement. Separate operation, partnership operation and joint efforts. Partners shall conclude a written agreement on the amount of capital contribution, surplus distribution, debt commitment, admission, withdrawal and termination of partnership. The property invested by the partners shall be uniformly managed and used by the partners. The property accumulated by the partnership belongs to the partners. An individual partnership may have a shop name, be approved and registered according to law, and engage in business within the approved and registered business scope. The business activities of individual partnership are decided by the partners, who have the right to implement and supervise. Partners may nominate the person in charge. All partners shall bear civil liability for the business activities of the person in charge of the partnership and other personnel. The debts of a partnership enterprise shall be paid off by the partners with their own property in accordance with the proportion of capital contribution or agreement. Partners shall be jointly and severally liable for the debts of the partnership, unless otherwise provided by law. Where a partner repays more than his share of the partnership debts, he shall have the right to recover from other partners.
Three. Matters needing attention in signing a partnership contract
(1) The parties to a partnership contract must be persons with full capacity for civil conduct, which is more stringent than the qualification requirements of the general contract subject in China's Civil Code. Because as a commercial contract, the subject of any party to a partnership contract cannot be a person with limited capacity for civil conduct, and there is no so-called partnership contract that can adapt to the age, intelligence and mental state of the person with limited capacity for civil conduct.
(2) As a commercial contract, if the purpose of partnership is to establish a partnership enterprise, the subject of the partnership contract shall not be the person who is prohibited from engaging in profit-making activities by laws and regulations. For example, national civil servants, school teachers, active servicemen and so on.
(3) A partnership contract shall be fully negotiated by all partners, and a written agreement shall be reached on partnership matters such as the purpose and business scope of the partnership, the amount, manner and duration of capital contribution, the methods of profit distribution and loss sharing, joining and withdrawing from the partnership, dissolution and liquidation of the partnership enterprise, and liability for breach of contract.
(4) As far as capital contribution is concerned, according to the provisions of the Partnership Enterprise Law, partners can make capital contributions in cash, in kind, land use rights, intellectual property rights or other property rights. For the contribution of property rights other than currency and the contribution of partners' services, the partnership contract may stipulate the evaluation method or convert it into cash.
(5) As far as profit distribution and loss sharing are concerned, the partnership contract shall be agreed in line with the principle of consistent rights and obligations, so that the loss sharing shall be determined according to the profit ratio agreed by both parties, and the amount of profit sharing and loss sharing shall be determined. In particular, the partnership contract shall not stipulate that all profits shall be distributed to some partners or all losses shall be borne by some partners. It can also be concluded that the partnership agreement shall not stipulate that some partners shall not enjoy profit distribution or some partners shall not bear any losses.
(6) The partnership contract shall come into effect after all the partners sign and seal it, that is, the partners shall enjoy the rights and assume the responsibilities according to the partnership contract. The partnership contract may be amended or supplemented by consensus of all partners. However, it should be noted that the establishment of a partnership contract does not mean the establishment of a partnership. If a partnership enterprise is established in the form of an enterprise, it will not be established until it is approved and registered by the administrative department for industry and commerce and issued with a business license.
The above is my answer to the question "How to terminate the partnership contract". After reading the above, I believe everyone should have some understanding of this related issue. If the partnership agreement is dissolved in accordance with the provisions, the other party may be required to withdraw from the partnership when the conditions for withdrawal are met. If both parties have objections, they can apply to the court for litigation and submit an application for litigation during the litigation. If you have other questions you want to know, you can consult a lawyer and they will give you professional advice.