Корпоративное право. Участники полного товарищества (самое важное)

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Корпоративное право. Участники полного товарищества (самое важное)

Lecture notes, cheat sheets

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44. Participants in a general partnership

There are two types of participants in a full partnership - these are general partners - founders and general partners who are not founders. Partners who are not founders are vested with their status as a result of their accession to an already established general partnership. A general partnership implies a high degree of responsibility in relation to the obligations of this organization, which is the most distinctive feature of this organizational and legal form of economic activity.

The composition of participants in a general partnership may change both in the direction of increasing the number of general partners, and in the direction of reducing this number. The exit of one of the full partners from the corporation is always an undesirable phenomenon for the corporation, since it almost always results in negative consequences for the corporation as a whole. In some cases, the exit of a general partner may entail the liquidation of a general partnership. A change in the composition of participants in a general partnership is possible for various reasons. It is possible to voluntarily and involuntarily change the composition of participants in a general partnership. Participation in a general partnership is possible only if there are at least such conditions as full legal capacity and possession of certain material resources. If at least one of them is lost, the participant can no longer carry out entrepreneurial activities. Termination of participation in a general partnership is possible in the following cases:

1) withdrawal of a participant from the partnership;

2) the death of any of the participants in the full partnership;

3) recognition of one of the participants as missing;

4) recognition of one of the participants in a full partnership as incapable or with limited capacity;

5) recognition of the participant as insolvent (bankrupt);

6) discoveries in relation to one of the participants in the reorganization procedures by a court decision;

7) liquidation of a legal entity participating in the partnership;

8) foreclosure by a creditor of one of the participants on a part of the property corresponding to its share in the share capital;

9) exclusion from a general partnership.

The withdrawal of a general partner may be associated with certain abuses on his part and may be carried out forcibly - by exclusion from the participants in the general partnership. Participants in a full partnership have the right to demand in court the exclusion of one of the participants from the partnership by unanimous decision of the remaining participants and if there are serious grounds for this, in particular as a result of a gross violation by this participant of his duties or his inability to reasonably conduct business. Particular attention should be paid to the nature of the procedure, as a result of which an exclusion from a full partnership is made. This exception is only possible:

1) by unanimous decision of the remaining participants in the general partnership;

2) in a judicial proceeding;

3) on the grounds of a gross violation by the participant of his duties or a revealed inability to conduct business.

Author: Sazykin A.V.

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