Changing constitution of partnership firm
ramesh kumar
(Querist) 03 May 2013
This query is : Resolved
sir,
i am having on partnerhip firm running a hospital, for 20 years.it is a registered firm.one of the partner has left the country,not taking any part in running a hospital,neither have withdrawn from the firm.our set up is having a land taken from government on 30 yrs lease,builing is constructed over it and lot of machineries are there.
please let me know if partnership firm can be altered without his consent as he is out of country,and new partners can be added or not. if not,then if case goes to court for dispute then what may be the opinion of court in such cases regarding share of partners and addition of new partners. it is to be kept in mind that it is a registered firm.
ramesh
Devajyoti Barman
(Expert) 03 May 2013
Regarding the issues of addition, resignation of partners you have to refer the partnership Act only.
Fr removal of partner you have to also refer the deed.
R.K Nanda
(Expert) 03 May 2013
consult local lawyer.
Raj Kumar Makkad
(Expert) 03 May 2013
In such situation, move a legal notice to your partner and as per clauses of your partnership deed, tel him to dissolve the firm and if you dont receive any response from his side within the stipulated time then dissolve the firm as per your accounts and intimate him his share which may even be got deposited in bank in his account and then you may frame a new firm with the new partner.
