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How might a partner withdrawing in violation of the partnership agreement and without the consent of the other partners be treated? What about a partner who is forced to withdraw?
Your Response below:
A partner may withdraw from the partnership agreement by causing dissolution. If the partner withdraws in violation of the partnership agreement and without the consent of the other partners, the partner may be held liable for damages as a result of unauthorized or not timely withdrawal. After dissolution, the rest of the partners continue the partnership business but the partnership is legally new and different partnership. A partnership agreement may provide partner to discontinue the partnership without dissolving the partnership but if the departing partner's interests are bought by continuing partnership. Unless the partnership agreement, dissolution starts the process whereby partnership's business will ultimately be terminated.
Question:
In your opinion, should the other partners allow the problem partner to re-establish their level of compensation when there was originally an issue? Why/why not?
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