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Partnership Agreement Corporate And Partnership Law The Essay

¶ … Partnership Agreement Corporate and Partnership Law

The first and foremost thing to do is to get a copy of all agreements that the partners signed. Many people refer to their co-shareholders as "partners," when in fact; they are not real partners, but rather all shareholders in a corporation, or members of an LLC. Different regulations apply for different types of business entities. So, another step is to determine what you own. A partnership does not need a written agreement. If there is an agreement, then the partners are free to determine in that agreement their rights, including how and when and on what terms a partner can obtain from a partnership.

Since there is no written partnership agreement, then any partner can withdraw at any time under Partnership Law. By withdrawing, a partner is entitled to be bought out. The first step is to get an "accounting" which is a financial snapshot. Then, the bought out partner is to get paid for his share. If your partners will not...

However, I may have some solutions available in court, too, including an injunction in assistance of arbitration, to safeguard bank accounts, for example, from a partner making inappropriate withdrawals, or to avoid a partner from using partnership funds to pay for legal fees (Geradin, 2007). Every partner under the Corporate Law has a right to manage and be among the partnership and a right to see the records and books of the partnership. The right to manage, however, can be made by a written partnership agreement. For example, a partnership could name a committee or a manager to be the managing pillar of the partnership. I would, however, still have the right to…

Sources used in this document:
References

Caricom. 2001. Revised Treaty of Chaguaramas establishing the Caribbean Community including the Caricom single market and economy. (Available at: www.caricom.org/jsp/community/revised_treaty-text.pdf)

EU -- Andean Community FTA. 2004. Political Dialogue and Co-operation Agreement between the European Community and its Member States of the one part, and the Andean Community and its Member Countries (Bolivia, Colombia, Ecuador, Peru and Venezuela), of the other part.

Geradin, D. 2007. Trade and the Environment: A Comparative Study of EC and U.S. Law. Cambridge: Cambridge University Press.
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