What to do if I am in a partnership with 3 partners and 2 of us want the other partner to leave?

UPDATED: May 16, 2013

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What to do if I am in a partnership with 3 partners and 2 of us want the other partner to leave?

Our business name needs to be changed due to a service mark issue. We are planning to regoup and start the same business under a new name. However we would like to ask one of the partners to step away from the business so that 2 of us would like to start the new business on our own. Unfortunately our partnership agreement only allows for someone to leave, not for someone to be asked to leave.

Asked on May 16, 2013 under Business Law, California


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Given the situation that you have written about you either have the one partner voluntarily resign in writing or you will be required to retain a business attorney to dissolve the partnership and then start anew. You can find a business attorney in your locality through attorneypages.com.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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