Business partners can be removed from a company by looking at the standards and procedures in the partnership agreement.
The removal of the partner should be executed according to the provisions provided by the Partnership agreement and articles of association.
There must be a valid cause for removing a partner. Generally, such terms are determined by the partnership agreement. However, there are also standard legal situations that may require the addition or removal of partners.
A few of the situations that may cause for the removal of a partner are:
- Breach of financial data
- Fraud
- Negligence
- Purposeful misconduct
- Violation of the law
- Bankruptcy or insolvency of general partner
- Breach of confidential documents
- Lack of funding operation deficits
- Jeopardy of tax status or limited liability protection
- Change in terms of the partnership agreement
- Retirement or resignation of a partner
- Changes in responsibilities of a partner
- Inability to perform obligations, as defined in the LLP agreement
- Necessity of appointing a professional in the particular field of operations of the LLP
Once a partner must be removed, there are additional specific steps to take for the removal to be legally valid. In general, notices required by the partnership agreement should be sent by certified or overnight mail to the defaulting party. The defaulting party is also to remain liable for its actions that occurred before the date of removal. In general, the partner will be released from liability for actions that occurred after the date of removal. Once a partner is removed, there may also be additional tax concerns to be addressed.
Particular events that could result in default must be sufficiently and specifically addressed in the partnership agreement.