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Notice of Withdrawal from Partnership

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The withdrawing or retiring partner serves notice on the other partners.

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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.


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NOTICE OF WITHDRAWAL FROM PARTNERSHIP

To: Partners of ______________________________ (the "Remaining Partners")

From: ______________________________

______________________________ (the "Withdrawing Partner") of ______________________________ is a partner in the partnership of ______________________________ (the "Partnership") established on the 21st day of November, 2024 for the purpose of __________ and formed in accordance with a partnership agreement (the "Partnership Agreement").

The Withdrawing Partner desires to voluntarily withdraw from the Partnership. The date of the withdrawal will be the _____ day of _____________, 20____.

With this document, the Withdrawing Partner gives ______________________________________________ notice of withdrawal in writing by registered post to the Remaining Partners at each Remaining Partner's last known address.

The Partnership Agreement is governed by the laws of the Australian Capital Territory and provides that the exclusive jurisdiction for the enforcement of this matter is with the courts of the Australian Capital Territory.

The Remaining Partners have ______________________________________________, or as otherwise provided in the Partnership Agreement, to provide a buyout offer to the Withdrawing Partner. In the event a buyout offer is not provided within that period, then action must be taken to dissolve and liquidate the Partnership.



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Last Updated February 27, 2024

Notice of Withdrawal from Partnership

Alternate Names:

A Notice of Withdrawal from Partnership is sometimes referred to as a:

  • Notice of Retirement from Partnership
  • Deed of Retirement from Partnership
  • Resignation from Partnership Letter
  • Dissolution of Business Partnership Letter

What is a Notice of Withdrawal from Partnership?

A Notice of Withdrawal from Partnership (also known as a Notice of Retirement from Partnership) is served as written notice that a business partner (or party) has left the partnership for voluntary or involuntary reasons. This notice can be used for general partnerships or limited partnerships.

What are the two types of partnership withdrawal?

Withdrawal from a partnership can either be voluntary or involuntary.

A voluntary withdrawal means that the business partner has willingly decided to leave the partnership for one reason or another. For example, a common reason why a business partner might withdraw from a partnership is because they are retiring. In this case the withdrawing partner serves the notice on the partnership.

An involuntary withdrawal is served when the majority of the parties in a business partnership collectively decide that one partner should be removed from the partnership. This could be for any number of reasons, such as that the partner has passed away, was criminally convicted, or is found to be incompetent. In this case the remaining partners serve the notice on the withdrawing partner or the withdrawing partner's estate or legal representative.

How are assets distributed when a partner withdraws?

Specific rules regarding distribution of assets are indicated in the Partnership Agreement. This can include things like a buyout offer (when the remaining business partners are able to purchase the equity that the leaving partner has in the firm) which can take place during the notice period indicated in the partnership withdrawal letter.

Related Documents:

  • Partnership Agreement: A Partnership Agreement establishes rules regarding a business partnership between two or more partners.
  • Assignment of Partnership Interest: An Assignment of Partnership Interest is used to transfer partnership interest from one business partner to another.
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