Legal questions about partnerships?

Questioner

Is it possible to include a clause in a partnership stating that a retiring partner does not take any generated business money with him, but leaves it in the company? Is it possible to define tasks within a partnership with regard to decision-making?

Lawyer

It is possible to include the clause you intend in the partnership agreement, but it is wise to engage an expert to draw up such a clause, also because what you want must be covered fiscally. After all, the tax authorities can state that although the money remains in the company, the withdrawal is still a fiscal assessment moment. After all, the withdrawing partner stops his business carried out in the partnership. It must also be clear whether and, if so, when the outgoing partner can claim the money and how the extent of this claim is determined. Delimiting tasks (= delimiting responsibilities within the partnership's business) is also possible and sometimes (in larger partnerships) also desirable. However, it is then again important whether and, if so, in what way a partner is dealt with who, in the opinion of the (majority?) of the other partners, is not fulfilling his tasks properly. Please note that in principle, within a partnership, management is not based on a 'majority' of votes but on unanimity. If you do want to be able to manage based on a majority of votes, this will have to be agreed upon in the partnership agreement.