litigation over partnership

It will depend on what your partnership agreement says. You would have to look to the language of the agreement you signed to determine that. DISCLAIMER The answers to these questions do not constitute legal advice and does not create an attorney-client relationship with the attorney and anyone who reviews these responses.

There are clauses that you can put in contracts to incentivize key people to stay in the company.

You need to review the partnership agreement to see the procedure for exiting the partnership. The partnership agreement will also address distributions.

There are numerous variations of a buy-sell provision, clause or agreement. Generally, the provision is for one of the other owners (or the entity) to purchase the ownership interest of the one who has died or wants to leave the business. For example the parties enter into a buy/sell agreement to effect the purchase of the deceased partner's share upon such partner's death, to be funded by life insurance policies. There could also be an agreement for the entity itself to redeem the shares or membership interest depending on the type of entity Also, sometimes there is another type of triggering event other than an owner's death. Overall though, the buy/sell clause is a way to keep the ownership of the entity with the existing owners rather than having a third party become one of the owners of the business. So a buy-sell clause, provision or agreements alleviate the concern over what happens if a partner dies, leaves the business suddenly or retires.

Hello! I understand you want to know how to enforce a partnership agreement. When a signatory/party to a partnership agreement violates any of the terms and conditions contained within the agreement, the other signatory or signatories to the agreement could allege breach of contract, including breaching the covenant to act in good faith. Generally also, court have found that there is a fiduciary relationship among partners. So, another potential claim could be a breach of fiduciary duty. Generally, prior to filing of any lawsuit, courts want to see that there was a good faith effort to resolves issues prior to the filing of a lawsuit. So, if there is a way to resolve the issue without the need for litigation that could save time and money.