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Legally, UpCounsel says, one partner leaving may dissolve the partnership but not in the sense that it ends the business.Termination of a partnership without an agreement means state law applies. According to IncFile, that could mean closing the business, settling its debts, and sharing any remaining cash.

Dissolution of partnership may occur if one partner withdraws from the partnership by mutual consent of the partners or by other reasons such as bankruptcy or insolvency of any partner. Determining the reasons for dissolution helps to decipher the issues that need to be resolved through mediation.

Review Your Partnership Agreement. Discuss the Decision to Dissolve With Your Partner(s). File a Dissolution Form. Notify Others. Settle and close out all accounts.

Partnership Agreements and the Exit of One Partner A partnership does not necessarily end when a partner exits. The remaining partners may continue with the partnership. Therefore, your partnership agreement covers what happens when a partner wants to leave, becomes incapacitated, or dies.

In the absence of a written agreement, partnerships end when one partner gives notice of his express will to leave the partnership. If you don't want your partnership to end so easily, you can have a written agreement that outlines the process through which the partnership will dissolve.

Agree a Settlement, Even Without a Partnership Agreement A partnership or LLP agreement usually forms the basis of any business partnership. This mutually agreed document should cover all possible eventualities, including the removal of a partner.

If there is no agreement or the terms are silent on partner exit, a partner leaving a partnership will be able to dissolve the partnership and wind it up. As part of this process and provided that there are sufficient funds, they will be entitled to a repayment of their capital contribution after payment of debts.