The Legalities Surrounding the Removal of a Business Partner

If you are in a business partnership with someone that seems to be failing, it is probably time to start reevaluating things. Perhaps you decided to partner up with someone based upon his or her skill-set or willingness to take on the responsibilities associated with running a successful business. However, if you answer yes to one or more of the following, it may be time to take command of your business and let the partner go:

• You and your partner do not communicate effectively when problems arise.
• You and your partner disagree about fundamental issues facing your business.
• You and your partner’s business goals and interests differ.
• Your partner is unwilling to cooperate with you.
• Your partner has lost interest in continuing the business.
• You feel like you are carrying most of the weight in the business.

Your Rights under the Florida Revised Uniform Partnership Act

Under the Florida Revised Uniform Partnership Act, a business has the right to remove a partner for many reasons, such as the following:

• Partner misconduct that adversely affects the business
• Willful or persistent breach by a partner of his or her fiduciary duties
• Partner conduct which makes it impracticable to continue working with the individual
• Breach of the terms of the partnership agreement
• Pursuant to any other reasons for removal, such as those enumerated in the partnership agreement

In light of the above, it is strongly recommended that you consult with an attorney who has the knowledge and skills necessary to assist businesses with the legalities associated with the removal of a partner or dissolution of a partnership.