South Carolina Agreement to Sell Real Property Owned by Partnership to One of the Partners

State:
Multi-State
Control #:
US-13265BG
Format:
Word; 
Rich Text
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Description

A partnership is a relationship created by the voluntary association of two or more persons to
carry on as co-owners of a business for profit.
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FAQ

Partnerships and Co-OwnershipA partner is a co-owner of a specific type of business entity recognized by the law and referred to as a partnership.

A single partner cannot sell the property of the partnership firm without the consent of other partners. However, the partners can authorize a single partner to sell the property on behalf of the firm and for this purpose they can pass a resolution.

If your business is a limited liability company or general partnership, your partner can't sell the company without your consent. He may, however, sell his interest in the company if you don't have a buy-sell agreement.

A partnership has no separate legal personality and it cannot therefore own property and it will be owned by the individual property owning partners. The Land Registry will allow up to four property owning partners to be named at the Land Registry as legal owners.

Without the consent of all the partners, individual partners may not sell or assign partnership property. In some jurisdictions the partnership property is considered personal property that each partner owns as a "tenant in partnership," but other jurisdictions expressly state that the partnership may own property.

California's current law abandons indirection and unequivocally provides: A partner is not a coowner of partnership property and has no interest in partnership property that can be transferred, either voluntarily or involuntarily. Cal.

Sale of Partnership AssetsIf instead of one partner transferring interest, all of the partners decide to dissolve the partnership, they may sell the assets of the company to an individual or entity outside of the partnership.

A partnership has no separate legal personality and it cannot therefore own property and it will be owned by the individual property owning partners. The Land Registry will allow up to four property owning partners to be named at the Land Registry as legal owners.

According to section 15, the partnership property should be held and used exclusively for the purpose of the firm. While all partners have a community of interest in the property, during the subsistence of the partnership no partner has a proprietary interest in the assets of the firm.

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South Carolina Agreement to Sell Real Property Owned by Partnership to One of the Partners