Traditional Culture Encyclopedia - Hotel franchise - Three people run a hotel in partnership. In the second month after the start, one of them had to withdraw his shares because of bad business. How to deal with it?

Three people run a hotel in partnership. In the second month after the start, one of them had to withdraw his shares because of bad business. How to deal with it?

First of all, opening a hotel in partnership depends on whether the hotel is registered as a partnership or a joint stock limited company.

In addition, it depends on whether the quitters are limited partners or general partners. These are all different in legal nature.

First of all, if it is a general joint stock limited company, if one of the three shareholders wants to quit, it is necessary to seek the opinions of the other two shareholders and can transfer its own shares. Other shareholders are preemptive purchasers. If other shareholders do not agree to the preemptive purchase, the initiating shareholders have the right to transfer their shares to a third party. At the same time, shareholders shall bear corresponding obligations within the scope of their shares for the debts incurred by the enterprise before the transfer.

Secondly, if it is a partnership and the quitter is a limited partner, the consent of other partners should be sought, or there are withdrawal conditions in the partnership enterprise law.

Article 45 If the partnership term is stipulated in the partnership agreement, during the duration of the partnership, the partners may withdraw from the partnership under any of the following circumstances:

(1) Reasons for withdrawing from the partnership agreement appear;

(2) With the unanimous consent of all partners;

(3) It is difficult for the partners to continue to participate in the partnership;

(4) Other partners seriously violate the obligations stipulated in the partnership agreement.

The enterprise obligations undertaken by a limited partner are limited to their partnership share in the partnership.

Thirdly, if you are a general partner of a partnership, you must meet the statutory conditions for withdrawing shares, similar to a limited partner, but your obligation is to bear unlimited joint and several liability for all debts of the enterprise before your withdrawal.

Moreover, the withdrawal of partners or shareholders from the company does not mean that they no longer assume obligations, and they must bear corresponding legal responsibilities for the company's operation before they withdraw.