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Dissolving the Partnership Sometimes the partnership agreement or state law will require the partnership to dissolve when one partner leaves the business. The fate of the partnership might depend on how the partner left?whether voluntarily or involuntarily.
When a partnership dissolves, the individuals involved are no longer partners in a legal sense, but the partnership continues until all debts are settled, the legal existence of the business is terminated and the remaining assets of the company have been distributed. [Read more about strategic partnerships.]
Under a general partnership, if there is no partnership agreement a partner cannot retire or leave the partnership; the partnership has to be dissolved. One partner can dissolve the partnership simply by giving notice to the other partners.
A typical partnership agreement would specify that the deceased partner is entitled to a share of profits up to the date of death based on the agreed profit-sharing arrangements, and that the estate would be paid the balance of the capital and current accounts (usually over a period of time).
What happens when a partner leaves a partnership? Under classical partnership law, the departure of one partner automatically meant the end of the partnership. Nowadays, withdrawal of a partner, for whatever reason, will be dealt within the partnership agreement and does not necessarily mean the end of the business.
A proper ending of a partnership may include processes such as discharging any remaining business obligations, liquidating any remaining business assets, and notifying all customers, colleagues, and employees.
A Dissolution of partnership deed can be used to properly wind up the partnership and divide any assets or liabilities - this also applies to LLPs and limited partnerships (see below). Partners must publicise the dissolution.
Technical dissolution is when one partner wants to leave and take out their share in cash, but the business will continue without them. In this instance, the original partnership is dissolved and a new one formed without any interruption to trading.