Legal Question in Business Law in Utah
I am 1 of 3 owners of a business. One of the partners has not fulfilled his responsibilities. Can the other 2 partners expel that partner? or do we have to dissolve the business?
2 Answers from Attorneys
Any attorney will tell you it depends on what the organizational - partnership documents say (or don't say) about this topic. It also depends on how material the breach by the offending partner is. Consult with an attorney in your area for specifics.
Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise
Franchise Attorney
Under Utah law if you have a partnership operating agreement (which you absolutely should have), you follow its terms. Otherwise you are governed by the Utah Partnership Act. Generally there are ways to get rid of an improperly functioning partner.
You may contact me for a free consultation.
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