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Dunn Lambert, LLC | Attorneys At Law

Comprehensive Legal Services For Businesses

In New Jersey And New York call
201-957-0874

Dunn Lambert, LLC | Attorneys At Law

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Business Law Professionals

What happens when a business partner wants out?

On Behalf of | Dec 18, 2023 | Business & Commercial Law |

A shift in goals, priorities, personal circumstances or even irreparable differences can lead to a partner wanting out of the partnership. While their exit does not necessarily mean closing up shop, handling the situation with clarity and care can help ensure a smooth transition.

First, try to understand the partner’s decision to exit the partnership. Initiate an open and honest discussion to explore alternatives, address the underlying concerns and assess the impact of the departure on the business. Sometimes, having a constructive dialogue might even lead to a reconsideration of their decision to leave. If your partner is set in their decision to leave, here are some next steps.

Review the partnership agreement

Your partnership agreement should provide a roadmap when a partner wants out. It underscores the need for a comprehensive partnership agreement that addresses such eventualities. Understanding the terms and conditions regarding partner exits, buyouts or dissolution procedures will help you do everything by the book.

Remember, your partnership agreement is a legally binding document. You must abide by its terms to avoid getting into legal crosshairs.

Weigh your options

Assess the feasibility of a buyout, where the remaining partners acquire the departing partner’s share. Alternatively, consider the option of bringing in a new partner to maintain business continuity if the departing partner is willing to do so.

In some cases, continuing with the partnership may not be feasible, and dissolution might be the most viable option. Evaluate the consequences of dissolving the partnership, including the impact on assets, liabilities and the future of the business.

A lot happens before a business partner formally leaves a partnership. Their stake in the business must be reassessed, financial matters settled and legal documents updated. These and other complexities of executing an exit strategy necessitate having qualified assistance. It can help you comprehend the legal and financial ramifications of a partner’s exit while ensuring legal compliance to safeguard your business interests.