Frequently Asked Questions
What difference does it make who serves the notice?When a partner wants to leave a partnership, that partner gives notice to the other partners. This is called a voluntary withdrawal. An example would be selling one's partnership interest to another party in order to retire.
On the other hand, if for any reason the other partners need to remove a particular partner from the partnership, they can do so without that partner's consent as long as that is provided for in the partnership agreement. This is called involuntary withdrawal and involves the remaining partners giving notice to the withdrawing partner or that partner's representatives. Examples of involuntary withdrawal are: death of partner, incapacity of partner, disability of partner, incompetence of partner, breach of fiduciary duty by partner, criminal conviction of partner, operation of law against partner, and legal judgment against partner.