Saturday, October 18, 2014

How do you dissolve a business partnership when you have no formal partnership agreement just a business lease agreement that will expire soon?

Question

How do you dissolve a business partnership when you have no formal partnership agreement just a business lease agreement that will expire soon?



Answer

There are a series of documents necessary; if you would like a list and to see some of the exemplars, email us.

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Shawn Jackson ESQ. (707) 584-4529

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Answer

Absent a partnership agreement, the California Corporations Code applies for dissoluiton of partnerships. Here is a link: http://www.leginfo.ca.gov/cgi-bin/displaycode?section=corp&group=16001-17000&file=16801-16807



Answer

It's probably more simple than the previous answers suggest. You can terminate an agreement by a second mutual agreement to terminate it. If the partnership had actually transacted any business with outsiders, it would have a duty to unwind any obligations it had incurred, of course. However, if two or more people have started to form a partnership and haven't gone beyond some kind of lease agreement that will expire anyway, just ask yourself "Who could possibly care if we just dump this idea?" If there are no obligations to anyone for wages, rent, supplies, investment capital, etc., just agree among yourselves that it's over; put it in writing, and call it quits.



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