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Doaa Abd El-Jawwad

Doaa Abd El-Jawwad

Attorney

الأسئلة المجابة 80029 | نسبة الرضا 98.7%

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Hi iam here for my relative question who wants to...

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Hi iam here for my relative question who wants to withdraw from her company as there are 2 partners in the company both are wife and husband in the same company acting as partners and my friend role is in the licence as manager with 40percent and the other aortenr shares are also 40percent and in memorandum my friend got the signing authority and she want to withdraw from this partner ship but her other partner who is her husband is not allowing her to do so because the other partner blackmail and threatens her that he will do some illegal, activity in the company and will put a false blame on her just to blacklist her and trouble her as there personal relationship is not good that's why so in this case how my friend can legally get rid of it her other partner who is, her husband or withdraw from this partnership in a, legal way?

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إجابة الخبير: Doaa Abd El-Jawwad

Doaa Abd El-Jawwad

Doaa Abd El-Jawwad

Attorney

الأسئلة المجابة 80029 | نسبة الرضا 98.7%

We would like to inform you that if the manager is a partner or is not a partner, he may resign from the management, provided that he notifies the partners in writing of his resignation sixty days before its effective date unless his contract stipulates otherwise.

 Otherwise, he shall be liable for compensation, and the manager's resignation shall not result in the dissolution of the company unless the contract stipulates otherwise.

1- Unless the company’s articles of incorporation stipulate otherwise, the partner may withdraw from the general partnership company by written agreement with the rest of the partners.

In the event of disagreement, the partner may file a case to the competent court to issue a judgment of withdrawal, provided that the remaining partners are notified by registered mail of that at least sixty days prior to the date he specified for withdrawal.

The company has the right to demand any compensation from the withdrawing partner if it is necessary.

 

2- The withdrawing partner shall remain jointly liable with the rest of the partners in the company for the debts and obligations incurred by it prior to his withdrawal from it.

He is considered a guarantor of his personal funds with the rest of the partners.

 

3- A partner withdrawing from the company shall not be discharged from the obligations incurred by the company after his withdrawal unless the withdrawal is entered in the Commercial Register and announced in two local daily newspapers, one of which is issued in the Arabic language, and thirty days have passed since the completion of the last procedure.

4- If the company consists of two partners and one of them withdraws, the other partner may, within six months from the date of entering the withdrawal in the commercial register, enter one or more new partners into the company in place of the withdrawing partner.

Otherwise, the company shall be deemed legally dissolved

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Doaa Abd El-Jawwad

Doaa Abd El-Jawwad

Attorney

الأسئلة المجابة 80029 | نسبة الرضا 98.7%

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